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HomeMy WebLinkAbout2007-01-09r~ LJ e ` '`J CITY OF ,~~ __ C~~~eri~i~-n ~~ IDAHO ,~~ ~y ~j F~ ab Trze,~si rir+e V ^~ 19Bd Revised 1-8-07 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, January 9, 2007 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: ,~_ David Zaremba Joe Borton ~_ Charlie Rountree Keith Bird ~.~.~vcd ~ _~C ,Mayor Tammy de Weerd 7~ ~3 p~ 2. Pledge of Allegiance: TQ~~dr {~a~,,t ~ S~ ~~a 3. Community Invocation by Pastor Craig Flinn with Meridian Alliance Church: 4. Adoption of the Agenda: ~~y,.-~v~c ws ~~-~~ 5. Consent Agenda: A. Tabled from January 2, 2007: Agreement with New Heritage Theatre Company: re~~ c~-,-~-- ~-c a~e.~d~ B. Approve Minutes of December 5, 2006 Pre-Council Meeting: a-r~o~ C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 050 Request for Annexation and Zoning of 4.64 acres from RR to an R-8 zone for Tree Farm Addition by Treehaven, LLC - 6745 North Black Cat Road: ~~~Irov~ D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 049 Request for Annexation and Zoning of 13.25 acres from RUT to an R-8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: ~~;~ovu-- Meridian City Council Meeting Agenda -January 9, 2007 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ! ~ Revised 1-8-07 E. Findings of Fact and Conclusions of Law for Approval: PP 06- 051 Request for Preliminary Plat approval of 67 single-family residential lots and 7 common lots on 12.81 acres in a proposed R- 8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: Cvj'~Y'r~/~ F. Development Agreement: AZ 06-041 Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harpe Subdivision by Larry C. Harpe - 4715 North Locust Grove Road: Q~f~ov~ G. Development Agreement: AZ 06-037 Request for Annexation and Zoning of 4.85 acres from R-1 to C-G zone for Cope Subdivision by Ronald Van Auker -east of Meridian Road and north of Overland Road: coo /,vv+~ H. Addendum to Development Agreement: MI 06-009 Request for Modification of the existing Development Agreement to remove the requirement for Conditional Use Permit approval of Lot 3, Block 1 of Resolution Park Subdivision for Resolution Park Medical .Office by Phil Burk -1828 South Millenium Way: (,~~~v~C.- Approve Contract for Water Reuse Permit Application and Demonstration with HDR Engineering, Inc. for $30,000.00: ~~~,vrei J. License Agreement with Nampa Meridian Irrigation District to construct sewer line within the Purdam Drain for the 2006 Trunk Sewer Project: ~,~.~,~,,o~ K. Pump Station Operation and Maintenance Agreement with Nampa 8z Meridian Irrigation District for Seasons Park: ~~~~- L. Task Order 0612 with Transportation and Civil Solutions, PC for Professional Services in Conjunction with ACRD Project No. 305048, Intersection of Ustick and Linder Road not to exceed $15,000.00: ~~,~e-~v.~ M. Access Easement between the Citv of Meridian (Grantor) and Petra, Inc. (Grantee) for Vehicle and Equipment Access to Grantee's Storage Yard: G~i~,,.c_ N. Approve Contract for the Plant Optimization Desktop Analysis with CH2M Hill for $47,092.00: a~~~'r"v~e.. Meridian City Council Meeting Agenda -January 9, 2007 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ Revised 7-8-07 O. Amendment No. 1 to the Agreement for Professional Services with Operations Management International, Inc.: err-©vc, 6. Department Reports: A. Legal Department ~ Public Works Department 1. Mutual Corporation Agreement with United Water Idaho. Inc. • !'e ~.v v~ d p~-v,,,.,. ~G~.y.-d a.~ B. Planning Department Comments for ACHD Draft 2008 / 2012 Five Year Work Program on Meridian Projects: ~~ C~c~ 7. Items Moved from Consent Agenda: 8. FP 06-051 Request for Final Plat approval of 27 single-family residential building lots and 4 common lots on 10.94 acres in an R-4 zone for Bitterbrush Point Subdivision by Majestic, Inc -east of Meridian Road and north of Victory Road: ~~~t,."wc~ 9. FP 06-052 Request for Final Plat approval for 38 single-family residential building lots and 5 common lots on 7.76 acres in an R-8 zone for Bellingham Park Subdivision No. 3 by Bellingham Park, LLC -South Locust Grove Road and south of Victory Road: °~~ ~ 10. FP 06-053 Request for Final Plat approval for 66 single-family residential building lots and 8 common lots on 28.22 acres in an R-4 zone for Zebulon Heights Subdivision No. 2 by The Traditions by Amyx II, LLP - West of Eagle and South McMillan Road: .~7~y,~.ow 11. Continued Public Hearing from December 12, 2006: PP 06-045 Request for Preliminary Plat approval of 73 residential building lots consisting of 46 attached single-family units and 27 detached single-family units and 6 common/other lots on 20.51 acres in a proposed R-8 zone for Spurwing Patio Homes Subdivision by Spurwing Limited Partnership - Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: !,,-r~i n Irv ,fro F-c l,2, 6 12. Continued Public Hearing from December 12, 2006: VAR 06-020 Request for a Variance to exceed the maximum block length allowed under UDC 11-2D-3C for Spurwing Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: ~}~Y~~.e- ~• Meridian City Council Meeting Agenda -January 9, 2007 Page 3 of 4 ~Z~. ~ ~' All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 1-8-07 13. Public Hearing: AZ 06-056 Request for Annexation and Zoning of 5.2 acres from RUT to R-4 zone for Clearsprings Subdivision by Mike Hill - 1035 East McMillan Road: ~~.~,~.,,Q ~`f-~ ~~~ ,~,,,. ~~~,,~-o,rv 14. Public Hearing: PP 06-054 Request for Preliminary Plat approval of 11 residential lots and 2 common lots on 5.2 acres in the proposed R-4 zone for Clearsprings Subdivision by Mike Hill -1035 East McMillan Road: 15. Public Hearing: PP 06-055 Request for Preliminary Plat approval of 8 lots on 39.28 acres in existing I-L zone and C-G zones for Seyam Subdivision by Ronald Van Auker - 3660 East Lanark Street: 16. Public Hearing: For Review and Comment on the proposed addition of a New Public Works Fee of $25.00 for the Floodplain Development Permit Application to offset the cost of staff time and materials in processing an application for a floodplain development permit: pi7/~m' ~ -~~-/'~e~ a~c.c. !r °~o lwh eat 17. Ordinance No. ®~- 12~~ AZ 06-041 Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harpe Subdivision by Larry C. Harpe - 4715 North Locust Grove Road: ~~~,,~ 18. Ordinance No. ~ ? ~~2$ 7 AZ 06-037 Request for Annexation and Zoning of 4.85 acres from R-1 to C-G zone for Cope Subdivision by Ronald Van Auker -east of Meridian Road and north of Overland Road: ~/~~- 19. Amendment to Ordinance No. 07-1242 A AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C-G zone for Knighthill Center Subdivision by Sea 2 Sea, LLC -southwest comer of Linder Road and Chinden Boulevard: ~j~~~r-~ ~-- 20. Amendment to Ordinance No. 07-1121 A: AZ 04-027 Request for Annexation and Zoning of 4.5 acres from RUT to R-8 zone for Christian Family Matters, Inc. by Don Weber -east of South Linder Road and south of West Overland Road: (Request to be Removed from Agenda) rc~.,.p~e:~ 21. City Council President -Assignment of Department Liaisons: 22. Executive Session per Idaho State Code 67-2345(1)(fi~ - (to consider and advise its legal representatives in pending litigation): ~ ~, l~.~~- ~. - cpf~ ~~~~~~~, Fir- ~., F ,d~~t. J~ ~3 , ' /~w~ /.c. !~t/o~' ~ fn a-y ~r~ G~ Cow.-~.Y ~ 13~ ~~~~ Meridian City Council Meeting Agenda -January 9, 2007 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. *. p ~' CITY OF ~ ~~~,Y't ~Yllr~1G~77 IDAHO , e~, ~q ~'TrtEnsua~V^~~ elute 19W CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, January 9, 2007 at 7:00 p.m. `Although the City of Meridian no longer requires sworr- testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Craig Flinn with Meridian Alliance Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Tabled from January 2, 2007: Agreement with New Heritage Theatre Company: B. Approve Minutes of December 5, 2006 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 050 Request for Annexation and Zoning of 4.64 acres from RR to an R-8 zone for Tree Farm Addition by Treehaven, LLC - 6745 North Black Cat Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 049 Request for Annexation and Zoning of 13.25 acres from RUT to an R-8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: Meridian City Council Meeting Agenda -January 9, 2007 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ E. Findings of Fact and Conclusions of Law for Approval: PP 06- 051 Request for Preliminary Plat approval of 67 single-family residential lots and 7 common lots on 12.81 acres in a proposed R- 8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: F. Development Agreement: AZ 06-041 Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harpe Subdivision by Larry C. Harpe - 4715 North Locust Grove Road: G. Development Agreement: AZ 06-037 Request for Annexation and Zoning of 4.85 acres from R-1 to C-G zone for Cope Subdivision by Ronald Van Auker -east of Meridian Road and north of Overiand Road: H. Addendum to Development Agreement: MI 06-009 Request for Modification of the existing Development Agreement to remove the requirement for Conditional Use Permit approval of Lot 3, Block 1 of Resolution Park Subdivision for Resolution Park Medical OfFce by Phil Burk -1828 South Millenium Way: I. Approve Contract for Water Reuse Permit Application and Demonstration with HDR Engineering, Inc. for $30,000.00: J. License Agreement with Nampa Meridian Irrigation District to construct sewer line within the Purdam Drain for the 2006 Trunk Sewer Project: K. Puma Station Operation and Maintenance Agreement with Nampa $ Meridian Irrigation District for Seasons Park: L. Task Order 0612 with Transportation and Civil Solutions, PC for Professional Services in Conjunction with ACRD Proiect No. 305048. Intersection of Ustick and Linder Road not to exceed $15,000.00: M. Access Easement between the Citv of Meridian (Grantor) and Petra, Inc. (Granteel for Vehicle and Equipment Access to Grantee's Storage Yard: N. Approve Contract for the Plant Optimization Desktop Analysis with CH2M Hill for $47,092.00: Meridian City Council Meeting Agenda -January 9, 2007 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • i O. Amendment No. 1 to the Aareement for Professional Services with Operations Management International. Inc.: 6. Department Reports: A. Legal Department Bz Public Works Department 1. Mutual Cor_p_ oration Aareement with United Water Idaho, Inc. 7. Items Moved from Consent Agenda: 8. FP 06-051 Request for Final Plat approval of 27 single-family residential building lots and 4 common lots on 10.94 acres in an R-4 zone for Bitterbrush Point Subdivision by Majestic, Inc -east of Meridian Road and north of Victory Road: 9. FP 06-052 Request for Final Plat approval for 38 single-family residential building lots and 5 common lots on 7.76 acres in an R-8 zone for Bellingham Park Subdivision No. 3 by Bellingham Park, LLC -South Locust Grove Road and south of Victory Road: 10. FP 06-053 Request for Final Plat approval for 66 single-family residential building lots and 8 common lots on 28.22 acres in an R-4 zone for Zebulon Heights Subdivision No. 2 by The Traditions by Amyx II, LLP - West of Eagle and South McMillan Road: 11. Continued Public Hearing from December 12, 2006: PP 06-045 Request for Preliminary Plat approval of 73 residential building lots consisting of 46 attached single-family units and 27 detached single-family units and 6 common/other lots on 20.51 acres in a proposed R-8 zone for Spurwing Patio Homes Subdivision by Spurwing Limited Partnership - Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: 12. Continued Public Hearing from December 12, 2006: VAR 06-020 Request for a Variance to exceed the maximum block length allowed under UDC 11-2D-3C for Spurwing Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: 13. Public Hearing: AZ 06-056 Request for Annexation and Zoning of 5.2 acres from RUT to R-4 zone for Clearsprinas Subdivision by Mike Hill - 1035 East McMillan Road: Meridian City Council Meeting Agenda -January 9, 2007 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ 14. Public Hearing: PP 06-054 Request for Preliminary Plat approval of 11 residential lots and 2 common lots on 5.2 acres in the proposed R-4 zone for Clearsprings Subdivision by Mike Hill -1035 East McMillan Road: 15. Public Hearing: PP 06-055 Request for Preliminary Plat approval of 8 lots on 39.28 acres in existing I-L zone and C-G zones for Seyam Subdivision by Ronald Van Auker - 3660 East Lanark Street: 16. Public Hearing: For Review and Comment on the proposed addition of a New Public Works Fee of $25.00 for the Floodplain Development Permit Application to offset the cost of staff time and materials in processing an application for a floodplain development permit: 17. Ordinance No. AZ 06-041 Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harpe Subdivision by Larry C. Harpe - 4715 North Locust Grove Road: 18. Ordinance No. AZ 06-037 Request for Annexation and Zoning of 4.85 acres from R-1 to C-G zone for Cope Subdivision by Ronald Van Auker -east of Meridian Road and north of Overland Road: 19. Amendment to Ordinance No. 07-1242 A AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C-G zone for KniAhthill Center Subdivision by Sea 2 Sea, LLC -southwest comer of Linder Road and Chinden Boulevard: 20. Amendment to Ordinance No. 07-1121 A: AZ 04-027 Request for Annexation and Zoning of 4.5 acres from RUT to R-8 zone for Christian Family Matters, Inc. by Don Weber -east of South Linder Road and south of West Overland Road: 21. City Council President -Assignment of Department Liaisons: 22. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -January 9, 2007 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Meridian City Council Meeting January 9, 2007 A meeting of the Meridian City Council was called to order at 7:20 P.M., Tuesday, January 9, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Charlie Rountree and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, John Overton, Bill Johnson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. Thank you for your patience. Welcome. There are more agendas in the back and for the high school students that are here tonight, hoping to get -- fulfill a requirement or get extra credit, Mr. Berg is the one that needs to initial your agendas, so he can kind of -- I don't know how you want to do that. You can always walk up and ask him for his signature. He always appreciates asking for the autograph. It is Tuesday, January 9th. It's 20 minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2. Tonight we will be led in the pledge by Taylor Hart, he's with Troop 380. Welcome to your troop and if you will all rise. (Pledge of Allegiance recited.) De Weerd: And, Taylor, I do have some City of Meridian pins for you and the rest of your troop. Would you like to come and get them. I assume there is six of you; is that correct? Okay. Thank you. And Troop 380 is sponsored by the Vineyards Ward. Thank you for joining us tonight. Item 3: Community Invocation by Pastor Craig Flinn with Meridian Alliance Church: De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Craig Flinn. He is with the Meridian Alliance Church. Please join us in the community invocation or take this as an opportunity for a moment of silence. Pastor. Meridian City Council January 9, 2007 Page 2 of 25 Flinn: Before I give you a moment of silence and, then, I will lead you in prayer, I just want to commend us as a city for making a commitment to the children and youth recently. There is a coalition of businesses, nonprofit organizations, churches, scout troops, et cetera, that are committed to five promises that are being committed by cities across America. These are the five things we are committed to. Opportunities for young people to be with caring adults. Thank you, troop leaders, for being here tonight. Safe places for constructive use of time for youth outside of school. Healthy start and healthy development. Effective education that develops life long skills and marketability to work and opportunities to give back to your community while you're a young person, like this young man did tonight in leading us in the pledge. Let's just take a moment of silence and think of the children, youth, and not only the children and youth under 18, but those of us who are like me still a child at heart, because I have a long way to go in my growth in life and just have a moment of silence for the sake of our city. Prayer is simply expressing your heart to God. It doesn't even have to be in words, but tonight I will lead us with some words. Father who is in Heaven, we honor your name. We pray your kingdom and will be done in Meridian and all the earth as it is heaven. We thank you for this day and the gifts you have given us. Clothes, the heat in our homes, and the food we have already eaten. We ask for a fresh washing of your mercy and forgiveness for our impatience and selfishness and all kinds of sin, even as we would be patient with those who sin against us. Lead us out and away from the temptations of life. Deliver us from the evil one who prowls around wanting to tempt and accuse. For yours is the kingdom and the power and the glory forever. Lord, I pray for a blessing on this leadership team before me. You have appointed them to lead our city. Give them wisdom and insight tonight in the decisions they make. Bless each one as they participate tonight through listening and sharing, in Jesus' name, Amen. De Weerd: Thank you, Pastor. And thank you for reminding us of Meridian's Promise, to the five promise areas. Thank you. Item 4: Adoption of the Agenda: De Weerd: Okay. Item 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adopt the agenda with the following changes: Item 5-A to be removed from the Consent Agenda. Item 6-A to be removed from the agenda. Item 15 to be continued to January 23rd. Item 20 to be moved from the agenda. And add paragraph C to Item 22 for reasons for the Executive Session. With that I move for approval. Borton: Second. • Meridian City Council January 9, 2007 Page 3 of 25 De Weerd: Okay. I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: B. Approve Minutes of December 5, 2006 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 050 Request for Annexation and Zoning of 4.64 acres from RR to an R-8 zone for Tree Farm Addition by Treehaven, LLC - 6745 North Black Cat Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 049 Request for Annexation and Zoning of 13.25 acres from RUT to an R-8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: E. Findings of Fact and Conclusions of Law for Approval: PP 06- 051 Request for Preliminary Plat approval of 67 single-family residential lots and 7 common lots on 12.81 acres in a proposed R- 8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: F. Development Agreement: AZ 06-041 Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harpe Subdivision by Larry C. Harpe - 4715 North Locust Grove Road: G. Development Agreement: AZ 06-037 Request for Annexation and Zoning of 4.85 acres from R-1 to C-G zone for Cope Subdivision by Ronald Van Auker -east of Meridian Road and north of Overland Road: H. Addendum to Development Agreement: MI 06-009 Request for Modification of the existing Development Agreement to remove the requirement for Conditional Use Permit approval of Lot 3, Block 1 of Resolution Park Subdivision for Resolution Park Medical Office by Phil Burk -1828 South Millennium Way: I. Approve Contract for Water Reuse Permit Application and Demonstration with HDR Engineering, Inc. for $30,000.00: J. License Agreement with Nampa Meridian Irrigation District to construct sewer line within the Purdam Drain for the 2006 Trunk Sewer Project: Meridian City Council January 9, 2007 Page 4 of 25 K. Pump Station Operation and Maintenance Agreement with Nampa & Meridian Irrigation District for Seasons Park: L. Task Order 0612 with Transportation and Civil Solutions, PC for Professional Services in Conjunction with ACHD Proiect No. 305048, Intersection of Ustick and Linder Road not to exceed $15,000.00: M. Access Easement between the City of Meridian (Grantor) and Petra, Inc. (Grantee) for Vehicle and Equipment Access to Grantee's Storage Yard: N. Approve Contract for the Plant Optimization Desktop Analysis with CH2M Hill for $47,092.00: O. Amendment No. 1 to the Agreement for Professional Services with Operations Management International, Inc.: De Weerd: Item 5 is the Consent Agenda. Rountree: Madam Mayor, I move that we approve the Consent Agenda as amended by the previous motion. Borton: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. Is there any discussion? Hearing none, Mr. Berg, will you call roll. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: B. Planning Department. Comments for ACHD Draft 2008 / 2012 Five Year Work Program on Meridian Projects: De Weerd: Okay. Thank you, Mr. Berg. Okay. Under Department Reports we do have an item on there and I don't have a -- I'm sure I have a revised one in front of me. I had all my notes on my old one. I'm sorry. Okay. Item 6-B is our Planning Department. This is information that we were given at the joint meeting we had with Ada County Highway District. You do have an updated list in front of you that's very colorful. I'll tum this over to Matt. • Meridian City Council January 9, 2007 Page 5 of 25 Ellsworth: Madam Mayor, Members of the Council. I know you guys sat down yesterday afternoon with the ACHD commission to review the initial draft of the five year work program. They do have a draft B that's slated for presentation within the next few days here. In the meantime, as the memo that was distributed at lunch yesterday indicates, there were a lot of challenges putting the five year work program together this year. A lot of those came down to increased construction costs and also just roll over projects from this year. They had a tough time getting bids to come in at appropriate funding levels to get projects rolling in 2006. Some of those did have to bump back to 2007. So, this evening I just wanted to take a second to hit on a few of the -- a few of the high points and down points, I guess, about the five year work program and ask you for an initial response as we move forward in compiling comments to submit to ACRD. First and somewhat in general, it was -- it was promising to see that they definitely took the recommendations of the city into account in formulating this first draft, some of the higher priorities in each of the program areas, roadways, and intersections were able to stay on track in spite of some of the constraints that they were working under this funding cycle. First, the downtown split comdor, which, of course, was the top priority roadway project as recommended by the City of Meridian. Phase one stayed on track for 2009. Phase two actually stayed on track in the most recent iteration of the five year work program, '07 through '11, it was in its PD, preliminary design, and that was able to bump forward on schedule to a 2012 construction date. Moving along. Ten Mile from Franklin to Ustick was the city's second roadway priority. The first segment of that two mile stretch of road was Franklin to Cheny, which was able to stay on track in 2008, which was also the case in last year's five year work program. Unfortunately, the filing segment -- segment from Cherry to Ustick ended up being delayed. Last year it was included in 2009. It had to bump back to 2010. The city's third priority as far as roadways were concerned was Franklin Road from Linder to Black Cat. Again, same situation as priority number two, Ten Mile from -- or, excuse me, Franklin from Ten Mile to Linder has stayed on track for 2011, whereas Black Cat from -- or Franklin from Black Cat to Ten Mile, rather, remained in preliminary design, which I suppose you could perceive as a step sideways and/or backwards. That's not the typical process as projects work through the ACHD process. Typically they go from UF, unfunded, to PD, and, then, into a design year. In this case it would be 2012. As you can see on the -- on the spreadsheet that I handed out before the meeting here the projects that are in yellow are the other ones that did the side step, back step, however -- however you would care to look at that. Either remaining in OF or remaining in PD. Moving along to some of the intersections. The first priority as forwarded from the city was the intersection of Linder and Ustick, which they were able to keep on track for 2008 construction year. Unfortunately, the second priority Meridian and Ustick fell back from 2010 to preliminary design, as did the city's third priority, which was Linder and Pine, scheduled in last year's five year work program for construction year in 2008. That one was bumped back to 2009. So, I apologize for distributing this spreadsheet at the last minute to you. I wish I could have gotten it to you a little bit sooner, but this evening I suppose there were two things. One was somewhat to get some direction from -- from Council and the Mayor as to the appropriate timeline in formulating comments to submit to ACHD and also to just sort of field your preliminary comments, suggestions, concerns i ~ Meridian City Council January 9, 2007 Page 6 of 25 and so forth about this first draft of the five year work program as we move forward in putting our comments together. On our end the same -- same topic is going to be the focus of conversation at Thursday's Transportation Task Force committee meeting. They have -- I guess I would like to turn it over to you, Mr. President, Madam Mayor, and Members of the Council just to sort of hear your thoughts about draft A of the five year work program. De Weerd: Okay. Council, any initial shock comments? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I do appreciate the color coded one. It does help a lot. I hate seeing the red. But we did get a -- the bleak but shocking decrease in available impact fee revenue, coupled with the shocking increase in construction costs. One of the things that I -- that I am encouraged and appreciate the highway district's continuing support on is keeping the number one at number one and doing everything they can to make sure those remain adequately funded, even if that means some of the lower priority items tend to fall back. One of the items in particular that I have a question on was the Ustick-Linder intersection had a 2008 revised completion date and, then, under the roadway, the Linder, Franklin to Ustick, is in the unfunded -- up near the top. And the reason I point out that distinction is -- is why -- why there be such a divergence in those when the Ustick-Ten Mile intersection is to be done as part of the Ten Mile, Cherry-Ustick. Ellsworth: Mr. President -- and without discussing that with ACHD I couldn't tell you exactly why the intersection was separated out from the roadway project. That's something that I can certainly look into and if there is any flexibility on there to lump those two projects together then, we can certainly encourage them to do so. De Weerd: 1 could probably help you with that. I don't know if it was last year or the year before, we asked, in exchange for a one mile section improvement, we wanted the two intersection improvements and so it was kind of a swap and the need at those two major intersections to get those complete so that we can move traffic and so that would answer that. Matt, I guess I'm very concerned about the Ustick-Meridian intersection and certainly the Victory and Eagle. One of -- one of the maybe saving graces is on Ustick and Meridian. A temporary light is going to be put in. The poles are up, it's -- there is no -- Rountree: Up and running. De Weerd: Is there? Hallelujah. Rountree: They turned it on today. Meridian City Council January 9, 2007 Page 7 of 25 De Weerd: Thank you, Gary, already. You were anticipating me asking that, didn't you. Well, then, I don't have anything, other than, again, I know that at the joint meeting we expressed appreciation that the Meridian split corridor phase two is at least on a funded year. Certainly not the year we would like to see it, but see it a least change from PD or U1= into an actual year. So, we do appreciate that. And as we also expressed to Ada County Highway District, we will be your partner in trying to find funding solutions and alternatives and be there to support those, too. Council, any other comment? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Certainly some degree of disappointment, but complete understanding of what the financing situation is with these expensive projects and I guess to ACHD's credit there is still a lot of projects they have kept on track and I hope we can continue to do that with the escalating construction costs. So, Gary, take the message back that we appreciate the -- on our copy they are blue, but the ones that have kept their schedule and we look forward to those schedules, hopefully, even accelerating. Zaremba: Madam Mayor? De Weerd: More the latter. Rountree: Yeah. De Weerd: Yes, Mr. Zaremba? Zaremba: I would comment I think similar to what's been said, that I'm proud of the fact that Meridian seems to have an excellent working relationship with ACHD. According to the press there is some other cities that don't have quite as good a relationship and I'm proud that we are able to work together so closely. In my relations with the ACRD people I have found that not only do they know what needs to be done and how to do it, but they understand what needs to be done for the future. The difficulty is the funding. Part of it is legislation that happened a few years ago that screwed up the impact fee system for them, such that they don't actually collect enough impact fee to do the projects that the impact fee is collected for. That was a change in the state law and it really ties ACHD's hands. What's scary is that we sit down and we work out what the priorities are and ACHD and the city work together very well, but ACHD has serious trouble coming. Not only are they short funded now, but in the next years there is projections the short-fall will get worse, so I would peg that perhaps for a future Council discussion what we could do to help, if there is anything. Certainly partnerships and other things. But it's scary what ACRD has hanging over their head, but I do certainly thank them for everything they do. De Weerd: Thank you, Mr. Zaremba. Anything further from the Council? Meridian City Council January 9, 2007 Page 8 of 25 Rountree: I have none. De Weerd: Okay. Thank you, Matt. Ellsworth: I apologize. The one other thing that I was hoping for some direction from Council on this evening was a proposed timeline as far as getting comments put together and, then, back in front of ACRD. As they mentioned at the joint meeting yesterday afternoon, they are hoping for a February 28th adoption date, so in order to compile comments from the task force and get them back in front of you at next week's Council meeting on the 16th wouldn't give very much turnaround time if we were to put something together to get in front of you for comment back on the 16th, so some other options. Well, there is several options there, really. We could get them to you digitally and have comments back for approval next week or we could come back with a brief presentation of those comments next week to allow you a week to consider those -- those comments and for staff to put together a compiled list of comments prior to the 23rd meeting, at which point we could -- we could be in touch with you and/or bring it forward one more time on the Consent Agenda or -- I suppose I would just like a little bit of direction as to how to move there. De Weerd: Matt, I guess unless there is something very significant from the Transportation Task Force, my recommendation would be to draft a letter, incorporate any feedback you get at the TTF meeting and a-mail that out to Council for their consideration and/or discussion at next week's meeting. If it seems like they are not ready to act on the signature -- authorizing signature, we can postpone it a week, but let's try and get it on for next week and we will know more at that time. Ellsworth: Absolutely. Thank you, Mayor. De Weerd: Okay. One other thing that, Matt, I would like to incorporate in that letter is our continued support and -- of ACHD as a regional body. I can't see that if any city were to individually take the highway district back, that regional circulation, our transportation corridors, and preservation thereof would not do this valley any good service. It would be a disservice and just to reiterate our support of this county-wide highway district, there may be areas that we disagree and, in fact, I can say five years ago, probably, this -- a couple of the Council people were really concerned with the impact fees and how they were being used and were not being used in Meridian, so I know where some of the other community's concerns is, because we have been there. So, we have to continue to preserve what we gained in our Communities in Motion process this year in recognizing that this is a regional transportation system and corridor improvements are essential to getting planning ourselves out of the congestion that we seem to see because one mile section improvements one at a time do not get us very far, other than quicker to the next place you stop, so -- anyway, if you can figure out and you have Mrs. Wordsmither behind you, figure out how to integrate that into our -- our correspondence that would be great. Ellsworth: Mayor, will do. Meridian City Council January 9, 2007 Page 9 of 25 De Weerd: Okay. Mr. Berg -- Mr. Berg asked if there is anything we needed to get back immediately. I didn't hear anything pressing, other than, again, what we had said at that meeting yesterday, that it's -- it's disappointing, yet understandable that some of these projects have to be moved because of the cost increases and anything else we can put in that letter. Okay. Thank you. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from Item 7. Item 8: FP 06-051 Request for Final Plat approval of 27 single-family residential building lots and 4 common lots on 10.94 acres in an R-4 zone for Bitterbrush Point Subdivision by Majestic, Inc -east of Meridian Road and north of Victory Road: Item 9: FP 06-052 Request for Final Plat approval for 38 single-family residential building lots and 5 common lots on 7.76 acres in an R-8 zone for Bellingham Park Subdivision No. 3 by Bellingham Park, LLC -South Locust Grove Road and south of Victory Road: Item 10: FP 06-053 Request for Final Plat approval for 66 single-family residential building lots and 8 common lots on 28.22 acres in an R-4 zone for Zebulon Heights Subdivision No. 2 by The Traditions by Amyx II, LLP - West of Eagle and South McMillan Road: De Weerd: So, Items 8, 9 and 10 are final plats and since I haven't had a chance to look at your notes, Anna, do you have comments from each of the applicants on that and are they in agreement with staff comments? Canning: Madam Mayor, Members of the Council, we do have letters of general agreement. I need to read a few changes that have been proposed by the applicant on Zebulon, but staff is in agreement with those changes. It would be on number eight that the applicant shall coordinate with the city parks department on standards for construction of the pathway. On number 11 that the 12 inch main shall be constructed in East Camas Creek Way as depicted on the construction plans and, then, on condition number 16 to delete the astericks comment that says add a note, direct lot access to McMillan Road is prohibited. We are -- staff does support those changes, but I wanted to read them into the record. De Weerd: Thank you, Anna. Council, any questions? If not, do I have a motion? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Meridian City Council January 9, 2007 Page 10 of 25 Rountree: I move that we approve Items 8, 9, and 10 and on Item 10 incorporate the amendments just addressed by the planning administrator. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Items 8, 9 and 10, with suggested changes. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Continued Public Hearing from December 12, 2006: PP 06-045 Request for Preliminary Plat approval of 73 residential building lots consisting of 46 attached single-family units and 27 detached single-family units and 6 common/other lots on 20.51 acres in a proposed R-8 zone for Spurwina Patio Homes Subdivision by Spurwing Limited Partnership - Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: Item 12: Continued Public Hearing from December 12, 2006: VAR 06-020 Request for a Variance to exceed the maximum block length allowed under UDC 11-2D-3C for Spurwina Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: De Weerd: Thank you. Okay. Items 11 and 12 are continued public hearings from December 12th on PP 06-045 and VAR 06-020. I will -- Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I have, with your leave, two items -- actually, one and maybe a second one that I would like to address. And I will address this towards the attorney Mr. Nary. I sat on the Planning and Zoning Commission when this came for Public Hearing there and have since been appointed to the position here, which I appreciate, but I'm wondering is there any reason for me to recuse myself from this deliberation, double jeopardy, or anything like that? De Weerd: Double jeopardy. Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, no such luck. There is no legal conflict for you to hear this again, even though you have heard it before and we have actually had this issue come up in the past as well and, no, there is legal conflict for you to recuse yourself, so - • Meridian City Council January 9, 2007 Page 11 of 25 Zaremba: All right. Thank you very much. Then, that brings the second comment, if I may. When this was here for the first part of the hearing on December 12th, 2006, I was in the audience and I did personally here all of the staff, applicant, and public testimony, as well as the discussion with the Mayor and the City Council at the time and I mention that, so that if anybody feels compelled that they need to repeat testimony for my benefit, I believe I am up to speed. So, thank you very much, Madam Mayor. De Weerd: Thank you, Mr. Zaremba. And welcome to Mr. Bird. Bird: Thank you. De Weerd: We hope you were successful. Okay. This was continued for limited -- for limited reasons and specific reasons, so I will tum this over to our planning administrator. Canning: Madam Mayor, before moving on to the preliminary plat and the variance, within about the last year or so anytime we have a request for reconsideration it generally gets on the agenda. It didn't tonight, so I didn't know if you wanted to address that first or if I should just move forward with the preliminary plat. De Weerd: No, I think that probably should be addressed first. Canning: Okay. Madam Mayor, there is a request for reconsideration. De Weerd: I guess -- sorry. Just a moment, Anna. Nary: Madam Mayor, Members of the Council, you do have, as part of your public record, because the record is still open for comment, both on the Items 11 and 12 tonight, then, there is a request for reconsideration that was received today. It's within your discretion on accepting that request and if you want to accept that request for reconsideration, our normal practice has been to a member of the side that was prevailing can move to grant that reconsideration if that's seconded. Our normal practice has been to, then, reset all of the matters for review at one time, because, obviously, the impact of annexing the property or not impacts Items 11 and 12. But that's within your discretion to include that. It is in front of you, it is certainly legitimate for you to raise that tonight and it may seem somewhat wasteful to go through the process if that's what your desire is is to consider the whole thing, including the annexation as one -- as one application. De Weerd: Thank you, Mr. Nary. I guess the ball is in Council's court. How would you like to proceed with this? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Meridian City Council January 9, 2007 Page 12 of 25 Borton: I have seen what's been provided to us today January 9th, 2007, request from Mrs. Butler on behalf of various individuals with a request for reconsideration. It raises a number of issues, a number of arguments, some legal, some more subjective, all of which are relatively new in the present form before us. I, for one, really have a problem granting a request to reconsider. I'd feel most comfortable handling all three, the annexation, the preliminary plat, and the variance request at one time. You know, with those comments I guess I'd ask legal what their thought, Mr. Nary, is as far as we want to hear back from you and your response to this request on some of the legal issues raised. Is it a matter of perhaps a couple of weeks, you know, January 23rd -- was that too soon or should we go that route? Nary: Madam Mayor, Members of the Council, Councilmember Borton, what I would suggest -- you have a couple of courses. If you simply want legal analysis of the legal issues that were raised we could certainly have -- have something back to you within two weeks. If the desire of the Council is to consider the request for annexation again, what I would recommend that you at least set it off for three weeks, because we would need to re-notice that hearing. We wouldn't have to re-notice if you wished to continue Items 11 and 12, but we would for the annexation. So, I think -- Mr. Berg, I think normally three weeks is about the time period we are most comfortable with, just to get it in the paper and there is a holiday next week and I don't know if our -- if our official paper is going to get printed on Monday. Okay. So, just to be sure, three weeks is probably the safest and we can also bring at that same time a response to the legal issues that were raised, as well as in hearing the matter, you have the other ones that you have alluded to that were more -- more discretionary decisions of the Council. De Weerd: Okay. Mr. Borton, did that answer your question? Borton: It did. Thank you. De Weerd: Okay. Further discussion? I would like to have an idea before we proceed any further what your sense is and direction for staff. Borton: You know mine. De Weerd: I do. Rountree: Make a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Burton: Seeing no further discussion -- I guess before I make a motion, Mr. Nary, is it -- am (first acting on granting or not granting a motion to reconsider or is it first and, then, a continuance of the other two items? Meridian City Council January 9, 2007 Page 13 of 25 Nary: Yes. That's correct. Borton: Okay. Then, I would move that we grant the request to reconsider without making any comment on whether it will ultimately be reversed or granted or otherwise, but for the sake of the reconsideration Imove that we do reconsider it and it will be re- noticed and set, I believe, to February 6th. I don't think we have a meeting on the 30th, the 5th Tuesday. So, February 6th I think is as soon as we can. De Weerd: Okay. Do I have a second? Bird: I second that. De Weerd: Okay. I have a motion and a second to grant the request for reconsideration. Any discussion? Hearing none, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Nary. Nary: Madam Mayor -- sorry. Madam Mayor, Members of the Council, I was remiss. One of the things that generally comes up in the discussion and hasn't and if that makes you want to reconsider that last vote, but normally the party that has requested reconsideration does incur the cost of us re-noticing the project, since it's not -- since that was when requested it wasn't included in Mrs. Butler's letter. But that would be, I guess, part of your direction. If that's what they are supposed to, then, they would incur the cost. Now, if I'm incorrect Mr. Berg can correct me, but I think that's how we have done it. Anyone that's requested, if you grant that they do have to pay the cost for the renoticing of that particular hearing. If that's what your desire is, we will certainly work -- have that discussion with Mrs. Butler, since it didn't come up I thought I better bring it up before people leave the room. De Weerd: Mr. Nary, was that part of your discussion with Mrs. Butler was -- Nary: I hadn't had that discussion with Mrs. Butler, but that was our standard practice. I mean she is here if that's something you have a concern with, Council could certainly address that. De Weerd: Okay. Would you mind stepping forward? Please state your name and address. Butler: Joann Butler, 251 East Front Street. And, no, I appreciate what the Council is asking in terms of the notice and we would front the cost of the re-notice and I can work with The Clerk to find out how to do that. Meridian City Council ~ • January 9, 2007 Page 14 of 25 Nary: Okay. De Weerd: Okay. Thank you. Okay. Borton: Thank you, Mr. Nary. Bird: Are you going to add that to the motion? The second would -- Borton: I guess I could add it to the motion to that respect that Mrs. Butler's acknowledged -- we appreciate that. It's consistent with how we have operated in the past. Bird: Second agrees. De Weerd: Well, there is no motion. We already voted. But that's all right. I appreciate you agree. Nary: You intended that all along. Bird: He intended that all along. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I would move that we continue Items 11, PP 06-045, and Item 12, VAR 06-020 to February 6th. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Items 11 and 12 to February 6th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: And I imagine that we have a nice full house because of this item. I apologize for your inconvenience for coming down here. We will hear these items again on February 6th, in addition to the annexation request. Okay. Now, I should have said you all have to stay. Okay. Okay. Council, now that you have cleared the room for the most part, we appreciate all the young people who have stayed behind. You're champions. Item 13: Public Hearing: AZ 06-056 Request for Annexation and Zoning of 5.2 acres from RUT to R-4 zone for Clearsprinas Subdivision by Mike Hill - 1035 East McMillan Road: Meridian City Council • • January 9, 2007 Page 15 of 25 Item 14: Public Hearing: PP 06-054 Request for Preliminary Plat approval of 11 residential lots and 2 common lots on 5.2 acres in the proposed R-4 zone for Clearsprinas Subdivision by Mike Hill -1035 East McMillan Road: De Weerd: Okay. Items 13 and 14 are public hearings on AZ 06-056 and PP 06-054. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Clearsprings project. It's located on the south side of McMillan Road, approximately 3,300 feet east of Meridian Road, and it adjoins the recently approved Silversprings application that you probably remember and, then, it's west of the recently approved Harp annexation. So, we are seeing these five acre lots redevelop in this area. You can see the existing homes. The annexation -- the applications before you tonight are annexation and zoning and preliminary plat. The project is a request for concurrent approval of those two applications on 5.2 acres. They would like to zone it R-4 and they have proposed a preliminary plat with 11 single family building lots and two common lots. It shows up a little better on the landscape plan. One of the lots is quite large to accommodate the existing single family home and, then, you have a large open area to accommodate drainage and to preserve a stand of trees that are in that area as well. All the homes within the development are proposed to be single family detached homes. The average lot size in the development is 13,688 square feet. And approximately 9.41 percent of the site is being set aside for open space. The project takes access from the Silversprings project to the west. It will stub a street and it shares a street with the property immediately -- the five acres to the immediate east. The gross residential density of the project is 2.23 dwelling units per acre. The Planning and Zoning Commission heard this item on December 7th and recommended approval to the City Council. Ross Erickson spoke in favor of the application. No one spoke in opposition, nor did anyone comment from the public. The key issues of discussion by the Commission were the future development of the existing home site and development of the neighboring parcels. There were no changes to staffs initial recommendation and to our knowledge there are no outstanding issues before Council and we have not received any written -- additional written testimony since the staff report. And with that I will answer any questions Council may have. De Weerd: Council, any questions for staff at this time? Rountree: I have none. De Weerd: Okay. Is the applicant here? Erickson: Madam Mayor, Members of the Council, I'm Ross Erickson, 1854 East Lanark here in Meridian. It's a pretty straight forward subdivision plat. I guess I'd qualify it as an in-fill and staff gave a pretty thorough report. Just a couple things. We are in full agreement with the staff report and we will comply with the conditions that are stated. There is not a whole lot to go over. It's a pretty low density subdivision. I guess Meridian City Council January 9, 2007 Page 16 of 25 one of the things that we are doing is we are going to provide the eight foot planter strip along the 36 foot street section between the curb and the sidewalk and the developer will be planting those trees and installing sod and imgating those as part of a tree mitigation requirement, because we are taking about a couple trees, just to make up some of those numbers. Other than that I'd stand for any questions. There is not a whole lot to it. De Weerd: Council, any questions for the applicant? Bird: I have none, Mayor. De Weerd: Okay. None at this time. Erickson: Thanks. De Weerd: Thank you. Okay. We do have a couple of people who have signed up indicating their support, being against, or neutral. If when I call your name you would like to provide testimony, please, come forward at that time. Joe Burton has indicated neutral support. Neutral support or opposition. I'm not sure what. And so -- Ryan Burkhart -- can't read the writing, but also neutral. And Zach Sidalow is for. Well, we love it when our high school students indicate their opinion. Thank you. Okay. You are now part of the public record. You can, actually, now bring those minutes to your government class and maybe get extra credit. Oh, yeah, you have to testify to get extra credit I'm sure. Okay. Is there -- this is a Public Hearing. Is there anyone in the audience who would like to provide testimony on this application? Okay. Council, any questions at this time? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Anna, if you would put the area wide zoning up there again. Canning: Would you like me to point out the stub street, sir? Is that what you're looking for? Rountree: Uh-huh. Canning: There is -- this one right here splits the two properties. ACHD doesn't do that anymore, but this is one of those where it does, it's set right in the center of it. There is one here and, then, there is this one. This one has been extended and will come to here. So, we are getting a parallel street system, generally one lot depth over on the -- kind of the south side of these parcels as we go along. The Silversprings isn't showing up yet, but as you may recall, that one brought in one and, then, kind of brought a cul- de-sac up -- not just to distant to this one. Meridian City Council January 9, 2007 Page 17 of 25 De Weerd: Anna, is that Tuscany to the south? Canning: Havasu Creek to the south. This is the elementary school site and, then, this one has a different name and I can't remember what it is, but it's -- did I get it wrong? De Weerd: No. Canning: Okay. De Weerd: No. I was. I don't have my glasses on. Rountree: Thank you. Canning: Sure. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't have anymore public testimony or anything we need, I move we close AZ 06-056 and PP 06-054. Zaremba: Second. De Weerd: Okay. A motion and a second to close the public hearings on Items 13 and 14. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? If none, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 06-056, Clearsprings Subdivision. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 13. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. ! • Meridian City Council January 9, 2007 Page 18 of 25 MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 14. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 06-054 for Clearsprings Subdivision. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Items 14. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: PP 06-055 Request for Preliminary Plat approval of 8 lots on 39.28 acres in existing I-L zone and C-G zones for Se am Subdivision by Ronald Van Auker - 3660 East Lanark Street: De Weerd: Okay. So, Item 15 has had a request to continue to January 23rd. Council? Bird: Madam Mayor. Rountree: You have got one more. De Weerd: Oh, I'm song. Well, I need to open it up. I will open up the Public Hearing on Item 15 for PP 06-055 and ask Council for a motion to continue. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we continue Item 15 until January 23rd, 2007. Zaremba: Second. De Weerd: Okay. I have a motion and a second to continue Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council January 9, 2007 Page 19 of 25 Item 16: Public Hearing: For Review and Comment on the proposed addition of a New Public Works Fee of $25.00 for the Floodplain Development Permit Application to offset the cost of staff time and materials in processing an application for a floodplain development permit: De Weerd: Item 16 is a Public Hearing for new Public Works fee for flood plane development. I will open this Public Hearing and tum this over to Len. Grady: Madam Mayor, Members of the Council, this fee is an attempt to begin to get our arms around the whole FEMA issue. Basically, what we are doing is asking for people to come in and talk to us and, basically, be proactive on any issues that might be coming up in the flood plane and it's merely just a review fee. It's step one of many that you're going to be seeing in the whole FEMA issue. De Weerd: Thank you, Len. Just -- and not part of the fee, but part of the flood plane discussion, you have been working with a regional type of an ordinance with the Treasure Valley partnership and each of the staffs. How is that progressing? Grady: I think that's going well. It's -- I would say Meridian is fairly new to this exercise. I think we were behind a little bit and certainly there is some players there at that partnership that are quit a bit more advanced, so we are teaming, but I think that shortly we will be coming with a list of recommendations from that group to each of the various agencies. De Weerd: Yeah. You team very rapidly when you're under water. Grady: That's correct. De Weerd: Okay. Council, any questions for Len? Bird: I have none. Rountree: I have none. De Weerd: Okay. Is there any members of the public who would like to provide testimony on this application? Okay. Zaremba: Madam Mayor, actually, I would ask a question, if I may. De Weerd: Okay. Zaremba: Just from my experience on the Planning and Zoning Commission, when applications come before us that have a flood plane element or some part of it trying to go from a flood plane development, a discussion at Planning and Zoning hearings goes on at length about how they are going to deal with it and where the water is going to go if they stop it and I guess my question is I am definitely in favor of having a fee that is Meridian City Council January 9, 2007 Page 20 of 25 commensurate with the cost of staff time and materials, but my thinking that staff time has to be a whole lot more than 25 dollars. If you figure one person with benefits, we're talking about maybe a half hour of staff time. It seems me that in reviewing -- what is it, a three page application, plus the follow up that would be required and at some point possibly even an inspection to see if they have complied with stuff, we may be talking a couple hours of staff time, wouldn't we? Grady: Madam Mayor, Members of the Council, I think you're probably correct as far as a full evaluation. This is merely an exercise to get people in and talk to them and begin the whole tracking of that application. As far as any work done in the flood plain our emphasis is going to be to put that back on the applicant's engineers and certainly we wouldn't be able to evaluate to the extent that the engineer would have to do. So, this is merely just a tracking exercise and, again, to get them in, so that we can talk to them up front. Zaremba: So, you're satisfied that 25 bucks is really just a marker and -- Grady: At this point I am. I'm not -- I may not be done yet, but, again, we are in the infancy on this project and it's a step that we know we need to get people in and start tracking, so this is really the first step, so -- Zaremba: Thank you. Grady: You bet. De Weerd: Thank you. Okay. Anything further from Council? If you have no further comments or questions, I would entertain a motion to close the Public Hearing. Rountree: So moved. Bird: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: If there is no discussion, Council, I would entertain a motion on this item. Rountree: Madam Mayor, I would ask what the action is. Is it just for staff to continue to create an ordinance or a resolution for the fee or to approve the fee? Both? Nary: Yeah. It's -- Madam Mayor, Members of the Council, it's both, actually. We would -- to approve the fee and we would bring forth a resolution to memorialize that. Meridian City Council ~ • January 9, 2007 Page 21 of 25 Rountree: Madam Mayor, I move that we approve the fee of 25 dollars for flood plain development permit application and have a resolution to memorialize that at our next regularly scheduled meeting. Zaremba: Second. Bird: Second. De Weerd: Okay. I have a motion and a second on Item 16 to approve the fee and charge staff to take the appropriate action. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Ordinance No. 07-1286 AZ 06-041 Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harpe Subdivision by Lany C. Harpe - 4715 North Locust Grove Road: Item 18: Ordinance No. 07-1287 AZ 06-037 Request for Annexation and Zoning of 4.85 acres from R-1 to C-G zone for Cope Subdivision by Ronald Van Auker -east of Meridian Road and north of Overland Road: Item 19: Amendment to Ordinance No. 07-1242A: AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C-G zone for Kniahthill Center Subdivision by Sea 2 Sea, LLC -southwest comer of Linder Road and Chinden Boulevard: De Weerd: Okay. Items 17 and 18 are ordinance numbers 07-1286 and 07-1287. Mr. Berg, will you, please, read these two ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 07-1286, an ordinance for annexation of property being a portion of the northeast one quarter of the northeast one quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4 and R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada county assessor, the Ada county recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Meridian City Council January 9, 2007 Page 22 of 25 Berg: Ordinance 07-1287, an ordinance for annexation of property being a portion of the southwest quarter of the southwest quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1 to C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada county assessor, the Ada county recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Just those two that you mentioned? De Weerd: You can read Item 19 as well. Berg: Thank you, Madam Mayor, Members of the Council, Ordinance 07-1242A, an ordinance amending the legal description for annexation of property located in the northeast quarter of the northeast quarter of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and temtories situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada county assessor, the Ada county recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. I think that was record time. Berg: Some days are better than others. De Weerd: You have heard this -- all three of these ordinances read by title only. Is there anybody who would like to hear it read in its entirety? Hearing none, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve ordinances in Items 17, 18, 19, 07-1286, 07-1287, and 07-1242, with suspension of rules. Bird: Second. De Weerd: Thank you for your motion. I'm song. The second was by Mr. Bird. I do have a motion to approve Items 17, 18, and 19. If there is no discussion, Mr. Berg, will you call roll. Meridian City Council • January 9, 2007 Page 23 of 25 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 20: Amendment to Ordinance No. 07-1121A: AZ 04-027 Request for Annexation and Zoning of 4.5 acres from RUT to R-8 zone for Christian Family Matters, Inc. by Don Weber -east of South Linder Road and south of West Overland Road: De Weerd: Okay. Item 20 was requested to be removed. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we remove AZ 04-027, Ordinance 07-1121A from the agenda. Rountree: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second to remove Item 20 from the agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 21: City Council President -Assignment of Department Liaisons: De Weerd: Item 21 is -- I will tum this over to Councilman Borton. Borton: Thank you, Madam Mayor. I have had the opportunity to talk with fellow Council members and communicate with the various department heads about the liaison appointments and changes and rotations which I think help everybody, departments and Council members alike, to get different perspectives and, hopefully, to continue to get a better understanding of each individual department. Through those discussions for the coming year Councilman Rountree has agreed to serve as a liaison for the Planning and Zoning Department, as well as the police department. And as I go through these you add or correct me if I'm wrong. I note that you're also representing the city on Valley Regional Transit. Rountree: Yes. Borton: And the SWAK. Rountree: Yes. Meridian City Council January 9, 2007 Page 24 of 25 Borton: Okay. Councilman Bird will be serving as liaison for the clerk's office, the fire department, and for finance. Councilman Bird also serves on the Compass board, as well as the MDC board of directors. Bird: Yes. Borton: And Councilman Zaremba has agreed to serve as the liaison for the parks and rec department and through much arm twisting and forcing and really subjecting it to him against his will, he is now forced to also be subjected to the legal, HR, and IT department. Nary: Tough duty. Zaremba: I look forward to that. Borton: We appreciate your willingness. Bird: HR and IT is easy. Borton: To serve as liaison for that. Nary: The legal department is tough. Bird: It's the lawyers. Borton: That pile. I will serve as liaison for Public Works, Wastewater and Water, the Council and Mayor's office, as well as the building department, with assistance from Councilman Rountree, who has done a fantastic job serving as liaison for Public Works, Water, and Wastewater, so -- Rountree: Thank you. Borton: -- with his help -- those will be the assignments for the coming year. Bird: Thank you, Mr. President. Rountree: Look forward to it. Thank you. Zaremba: Thank you. Yes. Borton: Thank you all for your willingness to participate. De Weerd: Okay. So, Mr. Nary, we do need a resolution for VRT and I asked Mr. Coulter to, please, forward those -- the appropriate contact to Compass, so that they can take appropriate action at the next Compass board meeting. Meridian City Council January 9, 2007 Page 25 of 25 Item 22.: Executive Session per Idaho State Code 67-2345(1) (f) - (to consider and advise its legal representatives in pending litigation): De Weerd: Okay. Anything further on this item? Hearing none, I will entertain a motion to adjourn into Executive Session per Idaho State Code 67-2345(1) (f) and (c). Bird: So moved. Rountree: Second. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. EXECUTIVE SESSION: Rountree: I move we come out of Executive Session. Bird: Second. De Weerd: It has been moved and seconded to come out of Executive Session. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: MAYOR TA E WEERD,>°°' >` ,~~ ~ ~~~~~''~~~.~~~`,~~ DATE APPROVED TE~TE ~ ~=~' e ~ W~[.LIAM G. BERG J ., CITY CLERK ~ ' 7J11141449 ~ i January 5, 2006 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT ITEM NO. S-A REQUEST Tabled from January 2, 2(~7 -- Agreement with New Heritage Theatre Company AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached Minutes CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: , ~Q, CITY PARKS DEPT: ~ ~ v MERIDIAN SCHOOL DISTRICT: ~~ ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: tNTERMOUNTA{N GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridbn. Meridian City Council • • January 2, 2~7 Page 4 of 24 De Weerd: And are these your kids? If we could get you to stand up and if you will tell us your name, we would appreciate it. Tyler, how old are you? You're 13. Danielle is 16. We appreciate what you have done to support your mom, too, in this endeavor. I'm sure that it was a collective effort and we appreciate your family and what you have done. And Kristen and Jim, what is your relationship? Are you with the VA hospital? Thank you for joining us tonight. We appreciate your efforts. We appreciate the service to our country. Thank you. Item 6: Consent Agenda: A. Approve Minutes of October 2, 2006 City Council Joint Workshop Meeting: B. Approve Minutes of November 28, 2006 City Council Regular Meeting: C. Approve Minutes of December 5, 2006 City Counal Regular Meeting: D. Resolution No. :VAC 06-014 Request for a Vacation of the 20 foot wide utility and irrigation easement located on the west half of Lot 13 of Crestwood Subdivision No. 1 by Brighton Development, Inc. -4055 East Leigh Field Drive: E. SHP 06-012 Request for Short Plat approval for 3 condominium units on 1 lot in a C-G zone for Bonito Condominium No. 1 by WM David Evans - 2949 East Copper Point Drive: F. SHP 06-013 Request for Short Plat approval for 21 condominium units on 2 lots in a C-G zone for Bonito Condominium No. 2 by WM David Evans - 3023 East Copper Point Drive: G. Agreement for Independent Contractor Services with Star Construction. LLC for Temporary Septic Tank Construction: H. Water and Sewer Easement Agreement for Sundance Subdivision No. 5 by Settlers Crossing, LLC: 1. Water Main Easement Agreement for Cherro Lane Chrisfian Church House Relocation by Cherry Lane Christian Church: J. Change Order Number 3 to Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation with Cascade Pipeline Corporation for $1,000.00: Meridian City Council • • January 2, 2t~7 Page 5 of 24 K. Task Order OS58a with Civil Survev Consultants, Inc. for Surveying Services Related to Water Main Easement ~ not to exceed $2,000.00: L. Approval of State Hlahwav 20/26 Corridor Studv Letter: M. Agreement for Economic Development with Virtue Enterprises. LLC• ___.: De Weerd: Okay, Council, I am getting better at that this. At least I didn't sob this time. Okay. Item 6, our Consen# Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Item D is resolution number 07-544 and also Item N has been asked to be pulled and tabled to January 9th, 2007. nth that I move that we approve the revised agenda, Consent Agenda, and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda with the removal of Item N. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Ca11: Bird, yea; Rountree, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Special Recognition /Presentation by Mayor de Weerd: De Weerd: Okay. Council, I know that there was discussion prior to this next item that there needed to be some kind of a recant of a previous presentation from at that time Councilman Wardle with a BSU fight song, but I guess we will forego that tonight. If you will, please, come up to the front. Okay. Where is Shelly? Well, Counalman Wardle, I guess can I still call him that? Former, past, expired Councilman Wardle. We appreciate your service to the community. We have enjoyed serving with you on Council. I think we all said all the flowery things last meeting and they were heart felt and certainly deserved and I would like to present you with this plaque and I will read this to those in attendance. To Shaun Wardle, City Council Member, City of Meridian, presented in recognition of your contributions and service to the City of Meridian as City Council Member from January 2004 to December 2006. The City of Meridian greatly appreciates your dedication and commitment to serve this city and community. So, we present this to you with our heart fel# thanks for your service. January 5, 2006 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT REM NO. S-B REQUEST Approve Minutes of December 5, 2006 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • . January 5, 2006 AZ Ob-050 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT Treehaven, LLC ITEM NO. Jr-C REQUEST Findings for Approval -Request for Annexation and Zoning of 4.64 acres from RR to an R-8 zone for Tree Farm Addition - 6745 North Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: See attached Findings CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: )_~'L l~' ~I.IQc.Q~Q Date: ~ o~ Phone: S 3 (~ - 3 `f ~ 0 -- An.e~ l (~a¢e r ~ p_ cc~r-~ Staff Irntials: ~° P Materials presented at pubilc meetings shaft become properly of The City of Meridian. C~ J CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • 1 ~~ ~;~ ~r~ ~ ~~ $q ~, i~.~c~ ,~ Aa ~~ti In the Matter of Annexation and Zoning (AZ) approval of 4.64 acres from RR (Ada County) to R-8 (Medium Density Residential), AND Development Agreement Modification (MI) to include the subject property, by Treehaven, LLC. Case No(s). AZ-06-050 & MI-06-010 For the City Council Hearing Date of: December 12, 2006 (Findings approved on January 9, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 12, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 12, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 12, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 12, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-050 & MI-06-010 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Findings, and Concept Plan in the attached Staff Report for the hearing date of December 12, 2006 incorporated by reference. The Staff Report is concluded to be reasonable and the applicant shall meet all applicable requirements of the application approval. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicants request for Annexation is approved subject to the provisions listed in the attached Staff Report for the hearing date of December 12, 2006 incorporated by reference.; and, 2. The applicants request for a Development Agreement modification is approved subject to the provisions listed in the attached Staff Report for the hearing date of December 12, 2006 incorporated by reference. D. Attached: Staff Report for the hearing date of December 12, 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-050 & MI-06-010 By action of the City Council at its regular meeting held on the ~~~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED ~ COUNCIL MEMBER JOE BORTON VOTED__~~G~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~,,f,~ COUNCIL MEMBER KEITH BIlZD VOTED ~TT /J ~ TIE BREAKER ~~ MAYOR TAMMY de WEERD VOTED ~~~ MAYO '~,A1VIsA ~ , e WEERD ,~ ATTEST: ;`~`\ ~ '~~~. ~~`'~9®`~>a WILLIAM G. BERG, J ., C CLERK. ~ e Copy served upon: ~ Applicant ~~ee®/®~g!///BOlt~~i~i~a14~°~~~~~4®~, Planning Department Public Works Department ~ City Attorney B Dated: 1-10-(5-j City Clerk's O ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-050 & MI-06-010 CITY OF MERIDIAN PLA1'~DEPARTMENT STAFF REPORT FOR THE HE ~ G DATE OF DECEMBER 12, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: December 12, 2006 Mayor & City Council Sonya Wafters, Associate City Planner Meridian Planning Department 208-884-5533 The Tree Farm Addition (AZ-06-050 & MI-06-010) • Annexation and Zoning of 4.64 acres from RR (Ada County) to R-8 (Medium-Density Residential) for The Tree Farm Addition • Modification to the existing Development Agreement for The Tree Farm to include the subject property ~ ~ ,. e~~~,~ ~a~~r~,~-~ _-~r 4 if3~r3~1fa ~~ r fie'"-~a.~~~tsa.~r+~~~'?~-^~°'"i 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Treehaven, LLC, has applied for Annexation and Zoning of 4.64 acres to the R-8 (Medium-Density Residential) zoning district and a modification to the existing Development Agreement for The Tree Farm to include the subject property. The subject property is currently zoned RR (Rural Residential) in Ada County. This property was, at one time, a part of the Tree Farm annexation submittal to the City; however, the previous owners (Rabehls) rescinded their affidavit of legal interest consenting to the application and this property was not included in the Tree Farm application. Treehaven, LLC is once again in the process of purchasing the subject Rabehl parcel. Although the Rabehl's property was not included in the annexation application, the master concept plan that was submitted and approved as part of the Tree Farm annexation application designated the subject property for lifestyle housing (townhomes, assisted living, paired housing, cluster/courtyard). The applicant is not proposing to change this designation from the original submittal, and the proposed zoning request is also consistent with the approved concept plan for the Tree Farm. The applicant is not proposing any new land uses, development, or subdivision at this time, only annexation and inclusion of the subject 4.64 acres into the master plan for the Tree Farm. The site is located at 6745 N. Black Cat Road, on the west side of N. Black Cat Road (currently unimproved), approximately % of a mile north of Chinden Boulevard. This is a rural residential property with an existing single-family home and several outbuildings on the site. The subject property is within the area proposed to be a part of the City of Meridian's Area of Impact and proposed Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject Annexation and Zoning & Development Agreement modification applications were submitted to the Planning Department for review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the Council on Annexation and Zoning applications. The Planning Commission is not required to make a recommendation to City Council on the Development Agreement modification application. Any comments related to the subject Annexation application will be included in the Commission's recommendation to the Council. Staff is recommending approval of AZ-06-050 and MI-06-010 as presented in the staff report, subject to the conditions listed in Exhibit B. (Note: The Commission is not required to make a recommendation to City Council on MI-06-010.) The Meridian Planning and 7oninS Commission heard this item on November 16. 2006. At the uublic hearing, they moved to recommend approval to the City Council of A~06-050. a. Summary of Commission Public Hearin: The Tree Fann Addition - AZ-06-050 & MI-06-010 PAGE 1 CITY OF MERIDIAN PLA1`~]~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 12, 2006 i. In favor: Derick O'Neill, Tree Haven, LLC (ap liU Cant) ii. In Opposition: None iii. Commenting: None iv. Staff presenting application: Sonya Wafters v. Other staff commenting on application: None b. Ke_y Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None ~_ ummarv of Citv Council Public Hearin: i. favor: Derick O'Neill. Tree Haven. LLC (applicant) ii. In opposition: None iii. Comxnentin~: None iv. Written testimony: None v. Staff resenting application: Anna Carmine vi. Other staff commentinc on application: None 1Z, ev Issues of Discussion by Council: i. None ~, Key Council Chances to Commission Recommendation: i. None 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-050 and MI-06-010 as presented in the staff report for the hearing date of December 12, 2006, with the following modifications to the recorded development agreement: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- 06-050 and MI-06-010 as presented during the public hearing on December 12, 2006, for the following reasons: (you should state specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 06-050 and MI-06-010 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 6745 N. Black Cat Road; west side of N. Black Cat Road, approximately % mile north of Chinden Boulevard, in Section 21, Township 4 North, Range 1 West. b. Owners: Arthur & Sandra Rabehl 6745 N. Black Cat Road The Tree Farm Addirion - AZ-06-050 & MI-06-010 PAGE 2 CITY OF MERIDIAN PLANNIN~ EPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 12, 2006 Meridian, ID 83642 (Treehaven, LLC is in the process of purchasing this pYOperty contingent upon approval of this application.) c. Applicant/Representative: Derick O'Neill, O'Neill Enterprises d. Present Zoning: RR (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: Request for Annexation and Zoning of 4.64 acres to the R- 8 (Medium-Density Residential) zoning district for future inclusion in the proposed Tree Farm planned community as proposed on the concept plan submitted with this application, and previously approved by the City Council. A Development Agreement (DA) modification is also requested to include this parcel in the existing DA for The Tree Farm. g. Applicant's Statement/Justification: This property is an enclave parcel that was initially included in the previously approved Tree Farm annexation; however, the owners pulled their property from the annexation and since that time, Treehaven, LLC is in the process of purchasing this parcel from them. This parcel is currently in Ada County and outside of the City of Meridian's impact area. The subject property is proposed to be part of The Tree Farm planned community which consists of 362.65 acres and is proposed to contain just over 1,000 housing units consisting of 15% estate housing, 35%single-family detached housing (small, medium, large home sites), 30% lifestyle housing (townhomes, assisted living, paired housing, cluster/courtyard), and 20% village housing (townhomes, condominiums, apartments). Please see the Applicant's narrative letter for more detail.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Development Agreement modification as determined by City Ordinance. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. c. Newspaper notifications published on: October 30~' and November 13~`, 2006 (Commission); November 20~' and December 4~`, 2006 (Council) d. Radius notices mailed to properties within 300 feet on: October 20~', 2006 (Commission); November 17`", 2006 (Council) e. Applicant posted notice on site by: November 2~, 2006 (Commission); December ls`, 2006 (Council) 6. LAND USE a. Existing Land Use(s): There is an existing rural residential home and several outbuildings on the subject site. b. Description of Character of Surrounding Area: This area is primarily rural residential in nature. This area, especially south of Chinden, is rapidly transitioning from Waal to urban. c. Adjacent Land Use and Zoning: 1. North: Part of the proposed Tree Farm development, recently zoned R-8 (currently agricultural property) The Tree Farm Addition - AZ-06-050 & MI-06-010 PAGE 3 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF DECEMBER 12, 2006 2. East: Part of the proposed Tree Farm development, recently zoned R-8 (currently agricultural property and landscape nursery) 3. South: Part of the proposed Tree Farm development, recently zoned C-C (currently agricultural property) 4. West: Part of the proposed Tree Farm development, recently zoned R-8 (currently agricultural property) d. History of Previous Actions: Several large pieces of land surrounding, but not including, the subject property consisting of a total of±358.57 acres were previously annexed on September 12, 2006, as part of the Tree Farm community. The property surrounding the subject site was annexed with a conceptual development plan and zoning designations, but no specific development plans or subdivision was approved with the Tree Farm approval (nor is any development or subdivision being approved with the subject application.) The annexation of the surrounding Tree Farm property resulted in the subject property being an enclave. A Comprehensive Plan Map Amendment application was approved on March 14, 2006, which included incorporating the subject area on the Future Land Use Map into the City's Area of Impact. The City of Meridian is currently in negotiation with Ada County to include this area in the City's Area of Impact and Urban Service Planning Area. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This parcel currently has no sewer available to it. It is master planned to sewer to the future North Black Cat Trunk which will not be available till late 2007 or early 2008. Location of water: There is no City of Meridian water main currently available to this site. United Water and the City of Meridian are currently in negotiations that would allow United Water to provide water service to this site. Issues or concerns: Sewer will not be available till late 2007 to early 2008. 2. Vegetation: There are several existing trees on this site that should be protected or mitigated for when this property develops. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: Any irrigation ditches, laterals and canals that cross this property should be tiled when this property develops. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: R-8 7. Size of Property: 4.64 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat with the subject annexation application. The applicant has submitted a conceptual overall development plan for the proposed Tree Farm planned community that designates the subject property for lifestyle housing (townhomes, assisted living, paired housing, cluster/courtyard). g. Landscaping: 1. Width of street buffer(s): Landscape buffers shall be required for property adjacent to a collector or arterial roadway in accordance with UDC 11-2A-5 upon development of The Tree Farm Addirion - AZ-06-050 & MI-06-010 PAGE 4 CITY OF MERIDIAN PLA1`~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER IZ, 2006 the property. 2. Width of buffer(s) between land uses: None required with the proposed residential zoning. h. Required Dimensional Standards per the proposed R-8 zone, applicable upon development of the property: R 8 STANDARD RE UIItEMENT Minimum ro erty Size /DU* (ins uare feet) SF** detached DU* with ara a facin the front line 5,000 SF** detached DU* with shared drivewa or alle loaded ara a 4,000 SF** attached &two-family du lex DU* 4,000 An corner ro 5,000 Minimum street frontage--SF detached DU (in feet) with ara a facing street 50 with shared drivewa or alle loaded ara a 40 Minimum street fronta e-SF attached &two-family du lex DU (in feet) 40 Street setback*** to garage (in feet) Local 20 Collector ZS Street setback*** to living area (in feet) Local 15 Collector 25 Side setback 4 Rear setback 12 Street landscape buffer (in feet) Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum buildin hei tin feet 35 *DU= dwelling unit **SF=single family ***Measured from back of sidewalk *Dimensional standards in effect at the time of development are applicable; those shown above are applicable at this time, however, may not reflect those in effect at the time of development. i. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposing to develop/plat the subject property at this time. This property currently has direct access to N. Black Cat Road. The portion of Black Cat Road that this property has frontage on, north of Chinden Boulevard, is only a 20-foot wide street section within 30 feet of right-of- way that is improved with gravel. No new streets or accesses are proposed or approved with this application. The conceptual street layout proposed in the concept plan has been previously reviewed with the Tree Farm application. 7. COMMENTS MEETING On October 27, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. The Meridian Fire Department was the only department or agency to provide comments. These comments are "standard" and are listed under Section 10 of the staff report to be included in the modification to the existing Development Agreement for The Tree Farm. Once a development plan(s) is submitted, Staff will provide the applicant with specific comments and conditions from all commenting agencies and departments. The Tree Farm Addition - AZ-06-050 & MI-06-010 PAGE 5 CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HE ~ G DATE OF DECEMBER 12, 2006 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the proposed Comprehensive Plan Future Land Use Map. The purpose of a medium density residential designation is to allow smaller lots for residential purposes within city limits. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). When this property develops in the future, the density shall fall within the anticipated density of the Comprehensive Plan for this area. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City establishes its Area of City Impact, it plans to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer service will be extended to the project at the developer's expense, although it is currently not available (water service will be provided by United Water). - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. - The subject lands are currently serviced by the Meridian School District #2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Encourage residential infill to utilize existing services (Chapter VII, Goal IV, Objective C). When the property surrounding the subject property was annexed recently as part of the conceptual Tree Farm development, this parcel was left as an enclave. When services are extended to this development, this property will utilize those services. • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal 1V, Objective C, Action 1) The subject property is an enclave surrounded by property that was recently annexed and zoned as part of The Tree Farm mixed-use planned community to be developed per the submitted conceptual plan. The residential portions of this development as a whole border The Tree Farm Addition - AZ-06-050 & MI-06-010 PAGE 6 CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HE•G DATE OF DECEMBER 12, 2006 the existing rural residential and agricultural properties to the north, east and west (all zoned RR or RI in Ada County) providing compatible land uses with the existing and future residential properties. • Support a variety of residential categories (low-, medium-, and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The lifestyle housing (townhoues, assisted living, paired housing, cluster/courtyard) proposed in the medium-density R-8 zoning designation will provide a range of residential housing opportunities. • Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. (Chapter VII, Goal I, Objective C, Action 4) When this property develops in the juture (subdivision), all new residential development will be required to meet development standards regarding landscaping, signage, fences, walls, etc. Staff also fords the following 2002 Comprehensive Plan text policy to be applicable to this application: ^ "North Chinden Area: Residential uses north of Chinden Boulevard and within a % mile or less from the rim should have lot sizes ranging from 1/2-1 acres, ensuring compatibility with SpurWing Country Club to the east. Use of transitional lot sizes and clustering of smaller lots adjacent to the non-residential and rim property is encouraged." (Chapter VII, page 101) This policy was not in effect when the staff report was written for the Commission for the surrounding property that was recently annexed to a mix of R-2, R-8, R-1 S, C-N, and C-C zones. Because of this, Staff believes that although the above policy has merit, since the initial Tree Farm application did not follow this policy it would not be appropriate to subject this property to this guideline. Stafffinds that the proposed R-8 zoning designation is generally harmonious with and in accordance with the Comprehensive Plan (please see Analysis above). Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's proposed zoning amendment request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses: UDC Table 11-2A-21ists the permitted, accessory, conditional, and prohibited uses in the R-8 zoning district. The anticipated townhomes, assisted living, paired housing, and cluster/courtyard uses are permitted uses in the R-8 zone. Assisted living is classified in the UDC as a "Nursing or Residential Care Facility." As such, specific use standards per UDC 11-4-3.29 are applicable to this portion of the development. b. Purpose Statement of Zones: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The Tree Farm Addirion - AZ-06-050 & MI-06-010 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE • DATE OF DECEMBER 12, 2006 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning Application: Based on the policies and goals contained in the Comprehensive Plan, the proposed future development surrounding the subject site, and the elimination of an enclave property, Staff believes that the requested annexation and proposed R-8 zone is appropriate for this property. Further, Staff believes that the proposed residential uses on the property will provide more diverse housing choices for the City of Meridian. Please see Exhibit C for detailed analysis of the required facts and fmdings for annexation. 2. Miscellaneous Application: The applicant has also submitted a Miscellaneous application (MI-06-010) requesting that the recorded Development Agreement for The Tree Farm be modified to include this site. There are no required findings for a miscellaneous application/development agreement modification. Below, Staff has provided the most pertinent facts and analysis related to the proposed development agreement modification and annexation of this property. Prior to the annexation ordinance approval, a modification to the recorded Development Agreement for The Tree Farm shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. Legal Description: The annexation legal description submitted with the application (stamped on September 27, 2006 by Gordon N. Anderson, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Concept Plan: The applicant has submitted a concept plan with the subject annexation request (See Exhibit C). Staff is generally supportive of the proposed land uses shown on the concept plan and described in the applicant's narrative. Although the City is not specifically approving this plan for detailed development, the proposed land use for the subject property should be included in the existing Development Agreement (DA) for The Tree Farm (see below for proposed modifications to the recorded DA). Access: On the submitted concept plan, the applicant is showing the extension of N. Black Cat Road north across Chinden Boulevard, to the subject property and extending further north to the Phyllis Canal. Staff is supportive of this access to Chinden Boulevard. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) (or modify an existing agreement) with the City that may require some written commitment for all future uses. Staff believes that a modification to the existing DA is necessary to ensure that this property is developed as proposed, and in a fashion that is consistent with the Comprehensive Plan designation. Prior to the annexation ordinance approval, a Development Agreement (DA) addendum shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. This shall be done as an addendum to the existing DA for The Tree Farm and include the following: a. Incorporate the subject property in the existing DA along with a note that The Tree Farm Addition - AZ-06-050 & MI-06-010 PAGE 8 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 12, 2006 all conditions and terms of the existing DA (Inst. #106151218) shall apply to the subject property. b. Include a legal description for the subject property and vicinity map showing location of parcel. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a modification to the existing development agreement for The Tree Farm with the above-stated additions for this property. All conditions and terms of the existing DA shall apply to the subject property. Fire Department requirements upon development of the property: a. Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. b. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. c. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. b. Staff Recommendation: Staff recommends approval of the subject applications (AZ-06-OSO & MI-06-010) for The Tree Farm Addition for the hearing date of November 16, 2006 (Note: The Commission is not required to make a recommendation on the MI application.) The Meridian Planning and Zoning Commission heard this item on November 16, 2006. At the public hearing. they moved to recommend approval to the City Council of A~06-050. Thy itv Council heard these items on December 12.2006. At the uublic hearing they the subiect A7 and MI request 11. EXHIBITS A. Legal Description & Map B. Required Findings from Unified Development Code C. Vicinity Map D. Concept Plan The Tree Farm Addirion - AZ-06-050 & MI-06-010 PAGE 9 CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 Exhibit A -Legal Description & Map -~~ ,~. Anderson usrt~ep~ Gro-~~:c~ra ~''• EXHiBR A ANPIF.XATION PARCEL FORMER RABF}iL TRACi° A parcel of land situated in the 5outheest Quarter of Section 2i, Townsfiip 4 North, Range 1 West of the Bo1se Meridian, Ada County, Idaho. being more particularly descrlbed as foftomr. Ccmmenr~ng in the Southeast Amer of Section 29, said point being merited bar an aluminum cap, them along the Easterly One of-the Southeast Quarter of said Section 21, Narth DO°18'30° Ealit a distance of 994.99 feet io the True Pefnt of Beginning; thence . leaving said Easterly Ilse, North 44°20'00" West a distance of 137.71 feet; thence North 58°26'30' West a distance of 138.52 feet; thence North 83°03'00° West a distance of 187.58 feat; thence South- 81°20'00° West a d~tence of 158.59 feet, thence North 00°33'30° East a distance of 245.48 feet;.thence North 78°81'00° East a distance of 103.70 feet; dtence North 87°23'00° East a distance of 904.89 feet, thence Nortfi 86°36'00" East a distance of 357.39 feet (formerly North 86°32'30° East a distance of 357.98 feet) to a point on said Easterly Iine; thence South 00°16'90° West a distance of 495.93 feet to the Point of BeginNng. Annexat~n Parcel contains 4.08 acres, more or less. End of Description Project No. 06-132 September 27, 2006 p vtd. BYE 4CZ D Z ?~~'' ~~~~~ ~c , 357 [ Watnrtowsr La., Suite F, ye~(diap, 10 B36d@ P.2DB,BBB.l1+1S - ~ . ~ Exhibit A -Page 1 CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HE•G DATE OF NOVEMBER 16, 2006 tH~ dKEE FARh~" EXHJ8IT MAP FDR ANNEXATION ioca~o ~ ntc easr ~/a ~ me 5E a/s aF ~crr~v ar ~~yg . rOYcR'SHtP 4 NIIR7t{. RANP$ 1 t$$r, @~ Mf~17AN, Apk CCNX: rY, fDA1f0 f ~~ ~~~ 'D. CA~FVAHAN ~~ 1q~+ a NNEX PARCEL ~ - - - - - - - - - - - - - t~f a R--8 cRnernc scni,~ s.~ AG~,FS °° ..~ ~ ~m~„ 8~, ~ ~ ~ use . em n z t~ 1 e ~ + 1G~i€ ~Ri~.E '1 rvln/ Y~' oQWS~JgJIY -• ~ ~ tez ~xcs~. 6~ ~ ar~vc ~ ~~~ ~ tJ +''r~.lr~ - ~ ~ C1 ~ A i ~ aa® ~~ ~~~ ~f ~ 5 ~ a ~~4 ur ~ ~W ~4a IeJcm Sms~___°~"_* ~ ~ ~~ei~~. ~ fa0 ~tl Arho e.,r i Q ' rr~a~ ~ ~ wJ ~ ~ mq ~-m 3- __ ~ '~ _ _ _ ~d1~YR61).~" - DH~l1iDEN ~L idD. (NlCHU'dAY 20 & 26) +~~;: i 0 Z 2t!~E raersa»aw rete~oe ~nR~ arc Exhibit A -Page 2 CITY OF MERIDIAN PLANNIN~ EPARTMENT STAFF REPORT FOR THE HE~G DATE OF NOVEMBER 16, 2006 B. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property R-8, which complies with the Comprehensive Plan Future Land Use Map designation of medium density residential. The future residential uses that the applicant is proposing for the subject property comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No detailed land uses, development, or subdivision is proposed concurrent with the zoning map amendment request. The City Council finds that the anticipated future uses are permitted in the R-8 zoning district. If the applicant complies with the provisions outlined in the existing Development Agreement for The Tree Farm, the City Council fmds that the proposed residential zoning will be in compliance with the specific district regulations. The City Council fmds that future development of this property should comply with the established regulations and purpose statements of the residential zone. Further, the City Council finds that the future use of this property as proposed with the submitted concept plan, will provide a variety of housing opportunities consistent with the purpose statement of the residential districts and goals of the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission recommends that the Council rely on any oral or written testimony that maybe provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (LTDC 11-5B-3E). The City Council finds that the proposed zoning amendment will provide for a variety of housing opportunities in this area of the City and is consistent with what the City has envisioned for this area. The City Council fmds that all essential services can be made available or will be provided by the developer to the subject properly and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, The City Council finds that Annexation and Zoning of this properly would be in the best interest of the City, if the applicant modifies the existing Development Agreement (DA) as proposed to include the additional items noted in Section 10 of the Staff Report. Exhibit B -Page 1 CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF NOVEMBER 16, 2006 C. Vicinity Map _. .~•. Y ., `.-«e ,~...,_.. ._~...y • F ,. . ~ R { ~~ ¢ j /ay ~~y~~.~~ f iT ~ Y ~~ .~ ~ r i ~ I, r~ _. _ _{ ~ tEr } f k~'~JJJ 4 Y'7~j i . q~ ~ i ,_= k v lit ~ ~` ~ >. E ,J f "'{ °'" t ., ,®_ ` fir' _, f ~~ q{ i ~ ,, E ~ - '~.~ r w ~' f~ FF6 ~ ~>e, ~ ~ ~ f `` ~ ~~ ; 61 F ~ ~ ~ ~ ~ ~ ~ ,ei ~ ~ ,~ .,,~ ~ ' _. .~ ~ !! _ 1 ~ g ~ YY`` ~ ~ ~ ~ ~ 1~ . _~ _ I ~ ~ _ ' ~ " ~ _, .m.. :_ o .f w ~ ~kA • A bo Tree Farm Exhibit C -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF NOVEMBER 16, 2006 D. Concept Plan p __~ ..~ ~ ~. ~:w , ~'taxc~l Na. vc~IZi'-1N9 s~ ~/ IaEe~uu,t~n.E, r L-E. ~~ ~' t~ _~ ~~ ~ ~ ~`- ~, ~, ! ~ ~ Wiz. Exhibit D -Page 1 ®~.~~.. The Tree Farm P9 ... ,...®. ....~.r, ~sra.raoe L J January 5, 2006 AZ 06-049 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT Greenspur Investments, LLC ITEM NO. S-D REQUEST Findings for Approval -- Request for Annexation and Zoning of 13.25 acres from RUT to an R-8 zone for Larkspur South Subdivision -230 8~ 240 Edmonds Court AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See afiached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: ~ ~ ~'o Phone: ~ ~ (~ (p (( a Qv- ®ls pt i n~, Cam Staff Initials: ,L~ T presented at public meeting shall become properly of fhe City of Meridian. • • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C~ J w '. _;~'"~ rt~ eFly -rr~ i e F t~' '~ ~ ~!~, - - ~ e ~: ~~~ ° ~ `~~ ~~.~ ~,.y ~~ _~- In the Matter of Annexation and Zoning of 13.25 acres from RUT to R-8 AND Preliminary Plat Approval for 67 single family residential lots and 4 common lots on 12.81 acres, for Larkspur South Subdivision, by Greenspur Investments, LLC. Case No(s). AZ-06-049, PP-06-051 For the City Council Hearing Date of: December 12, 2006 (Findings approved on January 9, 2007) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of December 12, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 12, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October December 12, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 12, 2006, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-049 and PP-06-051 (PAGE 1 of 4) 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 12, 2006, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, updated October 31, 2006, is hereby conditionally approved; 2. The Applicant comply with the City of Meridian, ITD, and Fire Department's requirements for installation and removal of bollards on the driveway intersection of Edmonds Courts, Lots 2 through 7, Block 9, as well as along the southern edge of the intersection of Marlin Way and Edmonds Court, approximately at the north end of the existing cul-de-sac, thereby restricting access out to Meridian Road; and, 3. The Site Specific and Standard Conditions of Approval are as shown in the attached Staff Report for the hearing date of December 12, 2006, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-049 and PP-06-051 (PAGE 2 of 4) (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 12, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-049 and PP-06-051 (PAGE 3 of 4) By action of the City Council at its regular meeting held on the ~~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_ I~~~ COUNCIL MEMBER JOE BORTON VOTED_ ' J~ l'~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD WILLIAM G. BERG, Copy served upon: VOTED__~~~..• VOTED_ ~~2~~'~ VOTED \,~~1111r e r ~~~~/~` aaas~\~~ P " ""'d ~~~~ aaa ~ ~~~ _ JR. CITY CLEI~.K ~ ~ ,, ~~; /~ Applicant °'~.,,~ T`~ ~ ~~`~~ ~ Planning Departm'~t' ~`"~~~~\ /~ Public Works Department / City Attorney By: , /~.~~ Dated: ~ - IQ - 0-1 rty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-049 and PP-06-051 (PAGE 4 of 4) CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HE • G DATE OF DECEMBER 12, 2006 STAFF REPORT Hearing Date: 12/12/2006 TO: Mayor & City Council FROM: Amanda Hess, Associate Planner Meridian Planning Department SUBJECT: Larkspur South Subdivision • AZ-06-049 _-~ f ,~i 4 ~r~~wo a ~~~ Annexation and Zoning of 13.25 acres from RUT (Ada County) to R-8 (Medium Density Residential) zone • PP-06-051 Preliminary Plat of 67 single-family building lots and 4 common lots on 12.81 acres, in a proposed R-8 zone 1.5UNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Greenspur Investments, LLC, has applied for Annexation and Zoning of 13.25 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 67 single family residential lots and 4 common lots for Larkspur South Subdivision. The site is located on the east side of Meridian Road, approximately 1/3 mile north of Victory Road on Lots 5 & 6, Edmonds Subdivision. Edmonds Subdivision is aCounty-approved plat that was recorded in the 1970s. The gross density of the proposed development is approximately 5.23 dwelling units per acre. The application does not comply with the Comprehensive Plan for the site which designates the area as "Low Density Residential." However, per the Comprehensive Plan Future Land Use Map, the Commission and Council can consider a "step up" in residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. To approve this development, a "step up" in density as shown on the Map (from low to medium) is required. The proposed density is in accord with the proposed R-8 zoning district. NOTE: Based on some requirements from the Fire Department, the preliminary plat has been modified from the version originally accepted and transmitted by the City. Staff has based the analysis in this report on the updated preliminary plat, dated October 31, 2006. 2. SiJNIlVIARY RECOMMENDATION The subject applications (AZ-06-049 and PP-06-051) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Larkspur South Subdivision subject to the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard .the item on November 16, 2006. At the public hearing they moved to recommend auproyal to the City Council. a. Summary of Public Hearin i. In favor: Ron Sargent (Applicant's Representative ii. In opposition: None iii. Commenting: Charles Biner iv. Staff presenting application: Amanda Hess v. Other staff commenting on application: Bruce Freckleton Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE • G DATE OF DECEMBER 12, 2006 b. Kev Issues of Discussion by Commission: i. None c. Kev Commission Changes to Staff Recommendation: i. The followine shall be made conditions of approval for Larkspur South Subdivision: 1) The maiority of lots adjacent to Meridian Greens Subdivision No 3 shall be, at minimum, 6,500 square feet in size with no lot being less than 6,200 sauare feet. 2) The homes adjacent to Meridian Greens Subdivision No 3 shall be constructed with 40-year architectural shingles on the roofs 3) All lots adiacent to Meridian Greens Subdivision No 3 shall be subject to a 25-foot rear setback. 4) A 10-foot landscape buffer shall be installed along the east boon a of the proposed Larkspur South Subdivision. d. Outstanding Issue(s) for City Council: i. None. a. i. favor: Ron Sargent (Applicant's Renresentativel ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Anna Borchers Canning vi. Other staff commenting on anplication• Non_e_ b. ev Is Les of i cu ion by o nc'l: i. Restricting access to Meridian Road c. ev Counc 1 Changes to o mission Recomm ndation: i. The Applicant shall comply with the City of Meridi TTD and Fire pepartment's requirements for installation and removal of bollards on the driveway intersection of Edmonds Courts Lots 2 through 7 Block 9 ac well ac along the southern edge of the in_ _tersection of Marlin Wav and Edmo_ndc Court a proximately at the north end of the existing col-de- ac. thereby restricting access out to Meridian Road. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-049 and PP-06-051 as presented in the staff report for the hearing date of December 12, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 049 and PP-06-051 as presented during the hearing of December 12, 2006, for the following reasons: (State specific reasons for denial of the annexation and / or preliminary plat request) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-049 and PP-06-051 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance) Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 2 CITY OF MERIDIAN PLANNI• EPARTMENT STAFF REPORT FOR THE HE ~ G DATE OF DECEMBER 12, 2006 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 230 / 240 Edmonds Court Meridian, ID 83642 b. Owners: Greenspur Investments, LLC Hellhake Family 1883 N. Wildwood Avenue 100 Rosalyn Court Boise, ID 83713 Meridian, ID 83642 c. Applicant: Greenspur Investments, LLC d. Representative: Ron Sargent, Greenspur Investments, LLC e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: 1. Date of Revised Preliminary Plat (attached in Exhibit A): October 31, 2006 2. Date of Landscape Plan (attached in Exhibit A): October 31, 2006 3. Date of Conceptual Housing Layout (attached in Exhibit A): November 1, 2006 h. Applicant's Statement/Justification: The gross density of the proposed development is 5.23 dwelling units per acre. The proposed density is in accord with the proposed R-8 zoning district but does not comply with the Comprehensive Plan for the site which designates the area as "Low Density Residential." Per the Comprehensive Plan Future Land Use Map, the Commission and Council can consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a "step up" in density, from low to medium. The subdivision will provide a large central common area with gazebo, parkways, and a mix of lot sizes ranging from approximately 4,000 square feet to 34,650 square feet. The average lot size is approximately6 6,000 square feet. There will be 0.72 acres (5.7% of the site) of useable open space provided, which exceeds the UDC requirements. (Please see Applicant's submittal letter for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 30, 2006, and November 13, 2006 (Planning & Zoning Commission) November 20, 2006, and December 4, 2006 (City Council) Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE~ G DATE OF DECEMBER 12, 2006 d. Radius notices mailed to properties within 300 feet on: October 20, 2006 (Planning & Zoning Commission) November 17, 2006 (City Council) e. Applicant posted notice on site by: November 6, 2006 (Planning & Zoning Commission) December 2, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): Existing homes, several outbuildings, and vacant land. The two existing homes and associated outbuildings are to remain. b. Description of Character of Surrounding Area: A mix of single family residential and vacant land, some of which has recently been proposed for residential development. c. Adjacent Land Use and Zoning: 1. North: Larkspur Subdivision No. 2, zoned R-8 2. East: Meridian Greens Subdivision No. 3, zoned R-8 3. South: Proposed Bitterbrush Point Subdivision, zoned R-4 4. West: Residential & Veterinary Clinic, zoned RUT (Ada County); Office, zoned L-O d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer. This property is proposing to sewer to mains planned Larkspur #2. Location of water: This property is proposing to sewer to mains planned in Larkspur #2, and a connection in Meridian Road. Issues or concerns: None. 2. Vegetation: Primarily vacant land. Existing trees should be retained or mitigated for. 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: Kennedy Lateral, to be tiled. 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 13.25 acres f. Subdivision Plat Information: 1. Residential Lots: 67 2. Non-residential Lots: 0 3. Total Building Lots: 67 4. Common Lots: 4 5. Other Lots: 0 Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 4 CITY OF MERIDIAN PLANNING•DEPARTMENT STAFF REPORT FOR THE HE ~G DATE OF DECEMBER 12, 2006 6. Total Lots: 71 7. Open Lots: 0 8. Residential Area: 12.81 acres 9. Gross Density: 5.23 units per acre (6.47 net density) . 10. Lot Sizes: Lot sizes range from 4,000 square feet to 34,650 square feet. The average lot size is approximately 6,000 square feet. g. Landscaping: 1. Width of street buffer(s): N/A (all residential streets) 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 1.07 acres (8.42%) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common, open-space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3-E2). h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for attached and detached single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The primary access to the development will be from an existing public street, Edmonds Court, which connects with Meridian Road. Additionally, three stub streets will be constructed to connect with future residential subdivisions; one at the north property line to connect with Larkspur Subdivision No. 2, one to the south to access Bitterbrush Point Subdivision, and one to the west to provide redevelopment potential to the neighboring 4.5-acre county parcel. Please see Exhibit B-7 for comments submitted by ACRD regarding this development. 7. COMMENTS MEETING On October 27, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 67 residential building lots on 12.81 acres for a gross density of 5.23 dwelling units per acre. The proposed density is not within the "Low Density" range outlined in the Comprehensive Plan. However, the Comprehensive Plan Future Land Use Map, allows the Commission and Council to consider a bump in residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. To approve this development a "step up" in density, from low to medium, would need to be approved by the Commission and Council. Staff believes that the following Comprehensive Plan policies apply to this application (Staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. Lazkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner • Sanitary sewer and water service will be extended to the project at the developer s expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connections, via stub streets and micropathways. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing an R-8 zone. Staff finds that the proposed developments to the north are compatible with the proposed development, and that the existing residences to the east and south have been buffered with appropriately sized lots. • Chapter VII, Goal IV, Objective C, Action (low-, medium-, and high-density single apartments, condominiums, etc.) for the p affordable housing opportunities. 10 - Support a variety of residential categories family, multi-family, townhouses, duplexes, upose of providing the City with a range of Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 6 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 This area is shown as low density on the Future Land Use Map. Staff recommends that the Commission and Council consider all public, agency and staff comments when determining if zoning this property to R-8 is appropriate. however, the subject application does propose a mix of single family attached and detached dwellings. Staff finds that, if approved, the development will contribute to the variety of residential housing in this area • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) Three stub streets have been proposed to connect with the currently undeveloped properties to the north, south, and west. Several of these properties have been proposed to be developed in a manner similar to the subject parcel. Staff believes that the proposed density (5.23 d u/acre) and zoning (R-8) for this property is appropriate. However, the proposed development and zoning requires a step up in density/zoning. Therefore, Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this properly. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family, two-family (duplex), and townhouse developments as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the compliance of the proposed development with the Unified Development Code and the general conformance to policies and goals contained in the Comprehensive Plan, if the Commission and Council grant a step up in residential density, staff believes that this is a good location for the proposed single-family development. Please see Exhibit D for detailed analysis of the required facts and fmdings for annexation. The annexation legal description submitted with the application (prepared on September 14, 2006, by Robert G. Hinckley, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. PRELIIVIINARY PLAT ANALYSIS: Based on the compliance of the proposed development with the Unified Development Code and the general conformance to policies and goals contained in the Comprehensive Plan, staff believes that this is a good location for the proposed single- family residential products. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE~ G DATE OF DECEMBER 12, 2006 1. Access: Edmonds Way will serve as the primary access to the proposed development. Although not fully developed at this time, Larkspur No. 2 and Bitterbrush Point Subdivisions have supplied Larkspur South Subdivision with two street connections, thus providing Larkspur South with two additional access points. Z. Edmonds Court: As Edmonds Court, currently a cul-de-sac, is to become Edmonds Way, a thru street, the applicant will be required to vacate the unused portions of the cul-de-sac. Idaho Code 50-1306 establishes City Council as the decision-making body for vacation of all rights-of--way. Therefore, application for vacation of said cul-de-sac should be made as soon as possible so it can be heard before City Council concurrently with the subject annexation / zoning and preliminary plat applications. 3. Internal Streets: Internal streets sections are proposed to be at least 34-feet wide with 5-foot wide attached sidewalks. The Fire Department requires all roads to have a turning radius of 28' inside and 48' outside. Additionally, residential construction should be limited to 50 lots until such time that at least one additional access to the subdivision can be provided via the Larkspur No. 2 or Bitterbrush Point Subdivisions (See Fire Department Development Review Comments and Requirements, Exhibit B). 4. Common Driveways: The applicant is proposing two common driveways. Lots 5, 6, & 7, Block 9, will take access via S. Marlow Way, while Lots 2, 3, & 4, Block 9, will take access via E. Edmonds Way. Parking stalls will be provided next to said driveway, per the request of the Fire Department, to eliminate the potential for on-street parking on the shared driveway. Staff is supportive of the common driveway proposal. UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Further, UDC 11-3C-6 requires every single-family detached dwelling to have atwo-car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. All lots should maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final plat. Comply with all common driveway provisions listed in UDC 11-6C-3D. 5. Landscaping: The applicant has provided 1.07 acres (8.42%) of landscaped open space, meeting the 5% minimum required by UDC 11-3G-3A-1. The majority of the open space is provided in the form of a large common area centered on the Kennedy Lateral. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Larkspur South Homeowners Association. The applicant has proposed a 10-foot wide landscaping buffer to be installed along the entire length of the eastern property boundary, to provide buffering of the larger lots of the Meridian Greens Subdivision. 6. Multi-use / Micropathways: One 5-foot micropathway and one 10-foot multi-use path is proposed with this application. The 5-foot micropath will provide connectivity from the east section of the subdivision to the west. The 10-foot multi-use path is proposed along the Kennedy Lateral. The Kennedy will be tiled at this site. Staff is supportive of the proposal to construct the multi-use pathway, as depicted All micropathways shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro-paths should comply with UDC 11-3B. Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 8 CITY OF MERIDIAN PLANNIN• EPARTMENT STAFF REPORT FOR THE HE ~G DATE OF DECEMBER 12, 2006 Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 8. Fencing: 'The applicant should submit a detailed fencing plan with the final plat application. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing adjacent to all micropathways is also required. Said fencing can be up to six feet in height, if open vision. If closed vision is used, it cannot exceed four feet in height. The applicant should state at the hearing the type of fencing to be constructed adjacent to the micropathways, as none is proposed at this time. All fencing shall be installed in accordance with UDC 11-3A-7. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 10. Tree Mitigation: Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 11. E~sting Structures: The site currently contains multiple buildings. All buildings that span across proposed lot lines should be removed or relocated, prior to signature of the final plat by the City Engineer. 12. Housing Types: The applicant is proposing 36 single-family attached dwelling unit lots and 31 single-family detached dwelling lots. Staff is generally supportive of this ratio. b. Staff Recommendation: Staff recommends approval of the subject AZ/PP applications with the conditions shown in Exhibit B. As of the print deadline for the Planning and Zoning Commission hearing, Staff had not received a report from ACHD. On November 17, 2006, Staff received ACHD's report for Larkspur South and has included the comments with City Council's Staff Report for the hearing date of December 12, 2006. The Meridian Planning and Zoning Commission heard the item on November 16, 2006. At the public hearing they moved to recommend aAUroval to the City Council. anArove the subject annlications on December 12.2006 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Updated: October 31, 2006) 3. Landscape Plan (Updated November 1, 2006) Lazkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 9 CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HE~ G DATE OF DECEMBER 12, 2006 4. Conceptual Housing Layout (Updated October 31, 2006) 5. Sample Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Hi way District 8. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 A. Drawings 1. Vicinity Map 1 ® 1AQp () ~ t ~~ F-r Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE ~G DATE OF DECEMBER 12, 2006 2. 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I~ ~' ~ -- -- , "ate 7 _ ~- __~ ~ -- -,-- ___r ~: _ _ __ ,, f t ~ ~ b ~--+-- ~' E _ ~_ _ i _-- _ _ ~ _- _ ~I ~ ~ ~ ~~ a~'- ~ . ~ f` t ! ~ L ~ ter _...5:.. ~ TT {6{~ 11 d:<t .. L, 7 v 7 1 ru 1 ° _ I _~- ~ 1_ _ 1 _ t L t, I ~ t- •=1 _ I ~, ~ ~.~~~ ~ ~ ~ j ~ - ~_ . ~ ~II ~ .: ~ ~ E:_ ~ - i ~ - -- - -- ~- ~~ I ~ :~ `~ r -= t_ J ~ ' ` ~ t'Sa uhf l~~ ~ I• ( ' `~ ~'~ ~t ! ~: ~- _ ;~ ~ ~It ~ i~~ -~~ , , ~_~ t r~rt « ~~~ t_. t v ; i' Exhibit A CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 12, 2006 5. Sample Elevations . ~. , _ . " y', _ a..S f r ~ K1 ~ .'i ~~ ,~;~` t~tr ~,~ Exhibit A CITY OF MERIDIAN PL?SJ~DEPARTMENT STAFF REPORT FOR Tl~ HEARING DATE OF DECEMBER 12, 2006 `4 h j. 1; lui~iT ~~~~ b ~~~ Exhibit A • CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated September 14, 2006, and prepared by Robert G. Hinckley, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet P1, prepared by Treasure Valley Engineers and updated October 31, 2006, is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-06-051). 1 2 2 The majority of lots a~acent to Meridian Greens Subdivision No. 3 shall be, at minimum, 6,500 square feet in size with no lot being less than 6,200 square feet. 1 2 3 The homes adjacent to Meridian Greens Subdivision No. 3 shall be constructed with 40-year architectural shingles on the roofs, as proposed by the applicant. 1 Z 4 All lots adjacent to Meridian Greens Subdivision No. 3 shall be subject to a 25-foot rear setback; place a note on the face of the final plat(s). 1 2 5 A 10-foot landscape buffer shall be installed along the east boundary of the proposed Larkspur South Subdivision; place on the face of the final plat(s). 1.2.6 Dedicate and construct all public internal roadways to meet ACHD's road design standards. 1.2.7 The applicant shall vacate the cul-de-sac right-of--way at the terminus of Edmonds Court. 1.2.8 Provide a street connection to Assessor's Parcel Number 82114050305 to the west, as depicted on the preliminary plat. 1.2.9 All internal roads and common driveways shall meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius and be constructed in accordance with ACHD's requirements. No parking signs shall be installed along the common driveway on Block 9. 1.2.10 Provide a temporary turnaround for emergency vehicles on Lot 10, Block 12, as proposed. 1 2 11 The Applicant shall comply with the City of Meridian. TTD and Fire Department's reauirements for installation and removal of bollards on the driveway intersection of Edmonds Courts. Lots 2 throueh 7, Block 9 as well as alone the southern edge of the intersection of Marlin Wav and Edmonds Court approximately at the north end of the existing cul-de-sac. thereby restricting access out to Meridian Road 1.2.12 The landscape plan prepared by Jensen Belts Associates, on November 1, 2006, no label, is approved with the following modifications/notes: • Provide 1.07 acres (8.42% of the site) for landscaped open space. • Per UDC 11-3G-3B5, all parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one Class II tree for every 35 linear feet of parkway. • Provide a 10-foot landscape buffer along the eastern property boundary to help the transition in lot sizes between the proposed subdivision and Meridian Greens, as proposed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE ~ G DA'I`S OF DECEMBER 12, 2006 • The proposed micropathways shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathways shall meet the requirements of UDC 11-3B-12. • Per UDC 11-3A-7A-7b, all fencing adjacent to micropathways shall be either four feet (4') in height, if closed vision, or six feet (6') tall if open vision fencing is used. Modify the applicable areas within the landscape plan to reflect this requirement. • Coordinate a tree mitigation plan with Ekoy Huff of the Meridian Parks Department. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. The landscape plan is not to be altered without approval of the Planning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.13 All existing buildings that span across proposed lot lines or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated, or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.2.14 Maintenance of all common areas shall be the responsibility of the Larkspur South Subdivision Homeowners Association. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. Exhibit B CITY OF MERIDIAN PL • EPARTMENT STAFF REPORT FOR THE HE• G DATE OF DECEMBER 12, 2006 1.3.7 All irrigation ditches, laterals, or canals intersecting, crossing, or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the appropriate Irrigation District. Plans will need to be approved by said irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.8 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT Z.1 Sanitary sewer service to this development is being proposed via extension of mains planned in Larkspur #2. These mains flow to sections of trunk mains that are currently accepting flow from out of shed development causing capacity concerns. The applicant shall be required to install an "off-peak pumping station" at a location coordinated with the Public Works Department. The design shall be coordinated during construction plan review and shall include, but not be limited to the following, odor control, duplex pumping, capacity of 150 gallons per ERU, and communication capabilities consistent with our SCADA. This condition maybe rescinded by the City Engineer if new information arises from ongoing modeling exercises or other subsequent sources. 2.2 The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 As part of the City of Meridian's to and through policy the applicant shall be required to install sewer mains along this properties frontage on E. Edmonds Way. 2.4 Water service to this site is being proposed via extension of mains planned in Larkspur #2 and Meridian Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 A water connection shall be required in Meridian Road. 2.6 This property is on the edge of a pressure zone boundary, and therefore the applicant shall be required to install a Pressure Reducing Vault in a location coordinated with the Public Works Department. 2.7 The existing houses that are to be retained on-site shall be required to connect to City Services. The applicant shall be required for payment of the assessments prior to signature on the final plat. The applicant shall be responsible for the actual physical hook-up of the house to the municipal services prior to "Certificates of Occupancy" being issued in any phase containing the house. 2.8 With the final plat the applicant shall be required to dedicated a 10-foot wide Public Utilities, Drainage, and Irrigation Easement centered on all interior lot lines not being spanned by an attached structure. 2.9 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.10 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE ~ G DATE OF DECEMBER 12, 2006 right of way (include all water services and hydrants). 2.11 The applicant had indicated that the pressurized irrigation system in this development is to be owned and operated by the Nampa and Meridian Irrigation District. Therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.12 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. ff a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. 2.13 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.14 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.15 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.16 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.17 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.18 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.19 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.20 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat. Z.Z1 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE ~ G DATE OF DECEMBER 12, 2006 2.25 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.27 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 24' wide. 3.5 No parking shall be allowed along the common driveway on Block 9. Provide signage "No Parking." 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The proposed 67-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 194 residents at build out. 3.8 All portions of buildings locate on Lot 9, Block 9, and Lots 8 & 9, Block 10, must be within 150' of a paved surface, as measured around the perimeter of the building. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout Exhibit B CITY OF MERIDIAN PL • EPARTMENT STAFF REPORT FOR THE HE• G DATE OF DECEMBER I2, 2006 with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m) b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 5.1 Pathway and Trail Standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.2 Standard for City to Assume Maintenance of a Section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (iTDC 11-3B-10) will be followed. 5.4 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (iJDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 Turning Radius: The applicant shall provide a minimum of a 50-foot turning radius. 6.2 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6.3 Trash collection for the existing residence needs to be from a local street, not from a collector or arterial. 7. ADA COUNTY HIGHWAY DISTRICT 7.1. SITE SPECIFIC REQUIREMENTS 7.1.1 Construct the internal streets as 34-foot street sections with rolled curb gutter and 5-foot attached concrete sidewalk. within 46 feet of ri t-of--way Obtain Fire Department approval for the reduced street section widths• and construct any curves in the internal streets with a minimum centerline radius of 100 feet. _7.1.2 Construct all stub /connecting streets where proposed, as 34-foot street sections with rolled curb Rutter, and 5-foot concrete sidewalk within 46 feet of ri t-of--way East Whitehall Drive should have signage at the terminus statin~• "THIS STREET WILL BE EXTENDED IN THE FUTURE." Additionall the a licant should rovide a turnaround easement encom assin the entirety of Lot 11, Block 12, for E. Whitehall Drive due to the fact that the street is greater than 150 feet in length. A notation of this easement should be made on the final plat 7.1.3 Construct Edmonds Court to one-half of a 36-foot street section with rolled curb gutter and 5- foot attached concrete sidewalk within the existing right-of--way for the existing_(not vacated) section of Edmonds Court; AND construct the internal portion of Edmonds Court as the internal Exhibit B CITY OF MERIDIAN PL .DEPARTMENT STAFF REPORT FOR THE HE ~ G DATE OF DECEMBER I2, 2006 street section within 46 feet of ri t-of--way. All street improvements for Edmonds Court should be constructed along the vacated frontage to provide a comulete and continuous transition from the im rp owed (internal) section to the e~cisting_(ofF site) section 7.1.4 Comply with the City of Meridian ITD and Fire Department's requirements for the potential installation of removable bollards at the driveway intersection on Edmonds Court from Lots 2 throush 7, Block 9; as well as along; the southern edge of the intersection of Marlon Way and Edmonds Court (approximately at the northern edge of existing cul-de-sac • thereby restricting access out to Meridian Road. 7.1.5 Comply with all Standard Conditions of A royal 7.2 GENERAL REQUIREMENTS 7.2.1 Anv existing irrigation facilities shall be relocated outside of the ri t-of-waY 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadwa~or ri t-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the develo 7.2.4 Replace any existins dammed curb, gutter and sidewalk and any that maybe dammed during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Polices 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All desien and construction shall be in accordance with the Ada County Highway District Policy Manual ISPWC Standards and approved sup,_plements Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein An engineer registered in the State of Idaho shall prepare and certify all improvement plans 7 2 8 The applicant shall submit revised plans for staff ap royal prior to issuance of building_permit (or other required permits) which incorporates any required design~ges 7.2.9 Constructio use and ro develo went shall be in conformance with all a licable requirements of the Ada Counter hway District prior to District approval for occupanCY 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada Count~ghway District Road Impact Fee Ordinance 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of way The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking_ground within ACRD ri t-of--way The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada Count~ghway District. The burden shall be ipon the applicant to obtain written confirmation of any change from the Ada County Highway District 7.2.13 Anv chance b t~pplicant in the planned use of the property which is the subject of this Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE ~G DATE OF DECEMBER 12, 2006 application shall require the applicant to comply with all rules regulations ordinances plans or other re atory and legal restrictions in force at the time the applicant or its successors in interest advises the Hiehway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 C. Legal Description 'sw 1 ertie114t l f i j!t~ ~tj~ N ~11~ii1T1T ~~}}~' ~_~~' ~t7L r~;43i5TR~L?ZYL~dii L'~'4d: ~'FJ:'H#~ti'G ,pNNEXATi~3N A61VtD tt~f?N~ UESCRiPTIOt~ FAR L.iKSPU~t ~UBpt1/ISit3N Noy 3 ~t -- f ~ -~ ~ ,1ob N4, C16113t9 September 14, 20f}6 lots 5 and 6 in Edmflncls Subdivi5lon,13ook 33, Page 2®50, Atir~ Caurdy Plet Crtds, Wtithin #~ic l`9W1,P4S'Vb1d~3 of Sectlc~r~ 19, 731x9, i31E, BtVI.,, City iii Mertdien, ,~-da CQUnfy, Jdalso, described by muss end bounds as {ratio G><9MMEN~~IG at the 1PVest 114 Cdrt~r of ~a€d Secficart 'i9, mertced by a~n Airaminu~ Cap 11dlonum®nt as per oQrrter perpetuation record lrtst. No. X149706; tiroence. along the Wt:st Linn. ofi sac! Sectian 19, South fi0°56'09"' yVest,1330.68 feet, to t#te Srauthv~{~st Ctarn+dar s~ ssid t~1~d114~W''814 ~o~atlro 116 Gc~r~er}, also treing t~-e 5v'ttthvrest CErmer cry mid Edmunds Siibdiwi~&~t~; thence. aio~rg the Sotath Urge of said Edrns~nds ~ubdlv~sion, South. 89¢56'd3" East,. 641.4) feet, to ~e Soutfitta~~st Lamar of said lrat 6 thereof, arttH the PQ1hfT OF BEGiNhNNt~,, ths+nce sung t#te Test Line ofi saaid Lot 8, North.bf)°t~2`21"Ee&t. 317673 feet, tQ a paint artths ~uth~i~+ tight-of-+nray of Edmonds Ct~urt q# 313,25 fit; tiaerot~-Tong a mm~-tang~r~t ~6.t}Ct fgot rstlius a tc~ tl~ts right, an src length through a cantral ang9e .of 46°03'55" and f~euing a chard v~hieh tears tia~ 55°53'11°~A~re~t, 35.27 feat, and a 20.OR fnc-t redlus reversing t~atve to the letti thence alarsg said curve and right-of-way, a~ arc length of 16.1 feetR through a central angle taf °11'13". having a chord which bests hterrtt~ 56~54'2D'wUest, 18.69 feet;. titsnco continuing a~csng sa"sd rigftt<t~'fway, Mcrth 83~5fl'S6"W'est, 254.33 feat; thence hiort'h OQ~3Q'i a"East, 50.00 feet, to tf+r~ sauthrhresterly tamer of ssld Lot 5 fence along the 1t+dest L'ene thereaf, tseitag ctslnGidertt wish-.the East Line of'Volman Subdwiston as per the P}at (.hereof, its 8aek 53. gt Pege 4(;52, Ada,Cnunty Piet 12ecords, i~ltati inn°5~'t~~"~sc, ~~a,~sfeet; thence cen?ir~uirsg along said cc~mman lane, Ncatth tI1°0'p8A East,1f37.80'feet, to the I~orthu+test Caner ai said Lc~t 5; th+en~ along the iVortla, Llne tlterecf, South 89°6'T'iB"East, 78$'.2U fesf, to the P~ortheest der of said Lot 5; tii®ncs alc+ng tha East Lines ~,f said Leats 5 grad !8 of Edmonds $ttbdivfsiaR> t~ittcldent wvi#h fire izr~undarjr raf Thin Nles~dian Greens Unit 6~0.3, as per the. Pint tlter~eof, in }~ 33, at Pages 502 thrwugh ti~LtS, Ada County fiat Retards; Saaith 00~4a'a~" Vlfest, 658.82 feet,. ~ the So~+theast Corner ai said Edmonds Svbdiv'rsicsrt, m~tr;ted Y,y a 518 Inch rebar; wifla a plastic p naarf~ed ° Pl.S u~i31 ~; #hence alcang the Sa+ath line rat saatl Et#m~sntis 5aabdtVision~ Sow $g°57"a'+'~' VU~sfi~ 485.25 feet,. tG? the pO1~7 CF BE~lNAllt9G; ~ tat. Vi ~ _~~ ~C3d1~ir(t~7~ ~ ~.~~ ~GrHSe i1tt3~ Qr IBSS< ti:t~'I,s~a~e m' $~fi® ~._rrtax~m~,~~+-gy~Falu~5Pr1f~Y-A`4'z~K~~~CSsCi^~ ~C~ ~ ~~~ j,~~ iC~ ~. _ _ _ - Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 ~" ~ ~ ~~ ~ 6YJ~1J~W i'P~ T ~'+' 4 ~~ ~ tf4 ~#I~f Nii' ^^ dd r, ~, o ~y{~ Q1'kGw~ ~1 ~i ~'f`~t~Y~ ~ g p/ n ~ ry ~JY i~f~~ l~~y~ L7.~Y~~ 1 i H _ ~ / j~ 11'~]~f.1a'Ij~YFF}rr S'i.!'i.~~ i~f~l..~V~.J+.~gn~ii~~ '1~}+rf;A~~j'j~]T~~V f4{+ti F d A '7 ~1 R P ~ I I~ f ~Fr `• ry+ f +`^+',f ~~ jj ~R v,. ~y ( ; y . ~~p ~n+ 5sf'94 ~~ S~ 7Y0. + 1 r ~ 4 ~1 ~~~?~ ~ 1 ~ ~ ~ i i~-~ ~ ~1` l~~t, ~ IY71~~ C1.'JF'~ 7V ii : ~ . V ~ ~ ~` I ' , ~ ~ kf9.~ 1 i S ^~ ~ ~ ~ ••;~ I ( ~ t~ ~ , 51 l ` a h~ ~ ~ ~ ~ ~ ~7 yy} ~ i?I I - ~ ~ ~~ t _... a+ a ~ ~ - "" ~ _ y {~ il. ~ ~ .~ l[~ v ~ - ~~ f - ~~! aY f ~. '~ 1 ~ ~ ~ ~ F~Oli~7 OF ~~Gf~9Nlt~~ $ ~9`56'4~" ~ 641.4g' ~ ~~'s7"~?" 1N 4&~i.~5' ~~ ~F1~tPl6 ~~raN~~ L4 S 33"~tJtIB E i&~2' ~1Ta L~ #~SF~~{I~ S~~D[`V1~1Cai+1 dRSPLiR, k.! C ~~~ t ~ ~~~ r~+a~s~t'~~ter~e .~rmw~s~~ ~~55--t~[~ l~R~J~CT~ '41~, ~ ~ t` 1 -~' ~ t~tru~-tis ~~x{2rspar ~5ft C& ,~'e1~~3AT1~1°J ~rC+IB ~,' `,~. -ti.~ .. t~ ,~ ~wtrr ~~ L 0. td~~~~lF+v+'N rtr ~ NPeVrm ~49~v.+~l dlLn J~,'4~;~1~1fL'9'Jn Exhibit C ~- ! CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property R-8 (Medium Density Residential). Council fords that the proposed zoning map amendment generally complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that single-family residences are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council fords that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. Council finds that Annexation and Zoning of this would be in the best interest of the City, and believes it is appropriate to allow a step up in density and zoning for this property. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council fords that the proposed application is generally compatible with the adopted Comprehensive Plan. The Commission supports the proposed density and proposed plat layout, with recommended changes, as they generally comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See fmding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council should rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this fmding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. AC)•-ID considers road safety issues in their analysis. Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff and the Commission is unaware. 6. The development preserves significant natural, scenic or historic features. The Council not aware of any natural, scenic, or historic features on this site. Therefore, Council fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff and The Commission are unaware. Exhibit D January 5, 2006 MERIDIAN CITY COUNCIL MEETING PP 06-051 January 9, 2~7 APPLICANT Greenspur Investments, LLC REM NO. 5-E REQUEST Findings for Approval -- Request for Preliminary Plat approval of 67 single family residential lots and 7 common lots on 12.81 acres in a proposed R$ zone for Larkspur South Subdivision -230 8~ 240 Edmonds Court AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: Sae attached FindMga CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CfiY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy o} Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER P1 `a ~~ ,,~ ~~. :~~~- In the Matter of Annexation and Zoning of 13.25 acres from RUT to R-8 AND Preliminary Plat Approval for 67 single family residential lots and 4 common lots on 12.81 acres, for Larkspur South Subdivision, by Greenspur Investments, LLC. Case No(s). AZ-06-049, PP-06-051 For the City Council Hearing Date of: December 12, 2006 (Findings approved on January 9, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 12, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 12, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October December 12, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 12, 2006, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-049 and PP-06-051 (PAGE 1 of 4) 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 12, 2006, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, updated October 31, 2006, is hereby conditionally approved; 2. The Applicant comply with the City of Meridian, ITD, and Fire Department's requirements for installation and removal of bollards on the driveway intersection of Edmonds Courts, Lots 2 through 7, Block 9, as well as along the southern edge of the intersection of Marlin Way and Edmonds Court, approximately at the north end of the existing cul-de-sac, thereby restricting access out to Meridian Road; and, 3. The Site Specific and Standard Conditions of Approval are as shown in the attached Staff Report for the hearing date of December 12, 2006, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-049 and PP-06-051 (PAGE 2 of 4) (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 12, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-049 and PP-06-051 (PAGE 3 of 4) ~J By action of the City Council at its regular meeting held on the ~~~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED__~~~ COUNCIL MEMBER JOE BORTON VOTED__z~lG~/ COUNCIL MEMBER CHARLIE ROUNTREE VOTED--~~~ COUNCIL MEMBER KEITH BIRD VOTED i"1 ~d ~~/~ TIE BREAKER ~_ MAYOR TAMMY de WEERD VOTED ~~ Copy served upon: JR., ITY CLEI~.K ~`~~~ ~~ / Applicant °°'°~~, 'O -~~ . ~~,•`~` .O Planning Depar~fH~~ ~ o ~ ~ ~ ~ ~```~ /~ Public Works Department City Attorney BY~ ~~~ .~ ~ ~..i~-~ Dated: ~"~ ©"~1 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-049 and PP-06-051 (PAGE 4 of 4) CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~ G DATE OF DECEMBER 12, 2006 STAFF REPORT Hearing Date: 12/12/2006 TO: Mayor & City Council FROM: Amanda Hess, Associate Planner Meridian Planning Department SUBJECT: Larkspur South Subdivision • AZ-06-049 '~ 1~. M'c 47F ~ .. K f'b~V did ~IY'~3 ~.~ .~ ~, ~,~c~ ''~~ Annexation and Zoning of 13.25 acres from RUT (Ada County) to R-8 (Medium Density Residential) zone • PP-06-051 Preliminary Plat of 67 single-family building lots and 4 common lots on 12.81 acres, in a proposed R-8 zone 1. SUIVIMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Greenspur Investments, LLC, has applied for Annexation and Zoning of 13.25 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 67 single family residential lots and 4 common lots for Larkspur South Subdivision. The site is located on the east side of Meridian Road, approximately 1/3 mile north of Victory Road on Lots 5 & 6, Edmonds Subdivision. Edmonds Subdivision is aCounty-approved plat that was recorded in the 1970s. The gross density of the proposed development is approximately 5.23 dwelling units per acre. The application does not comply with the Comprehensive Plan for the site which designates the area as "Low Density Residential." However, per the Comprehensive Plan Future Land Use Map, the Commission and Council can consider a "step up" in residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. To approve this development, a "step up" in density as shown on the Map (from low to medium) is required. The proposed density is in accord with the proposed R-8 zoning district. NOTE: Based on some requirements from the Fire Department, the preliminary plat has been modified from the version originally accepted and transmitted by the City. Staff has based the analysis in this report on the updated preliminary plat, dated October 31, 2006. 2. SUIVIlVIARY RECOMMENDATION The subject applications (AZ-06-049 and PP-06-051) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Larkspur South Subdivision subject to the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard the item on November 16. 2006. At the public hearins they moved to recommend approval to the City Council. a. Summary of Public Hearin i. In favor: Ron Sargent (Applicant's Representative) ii. In opposition: None iii. Commenting: Charles Biner iv. Staffpresenting application: Amanda Hess v. Other staff commenting on application: Bruce Freckleton Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 b. Kev Issues of Discussion by Commission: i. None c. Kev Commission Changes to Staff Recommendation: i. The following shall be made conditions of approval for Lazkspur South Subdivision: 1) The majority of lots adjacent to Meridian Greens Subdivision No. 3 shall be at minimum, 6,500 squaze feet in size with no lot being less than 6,200 square feet. 2) The homes adjacent to Meridian Greens Subdivision No. 3 shall be constructed with 40-year architectural shingles on the roofs. 3) All lots adjacent to Meridian Greens Subdivision No. 3 shall be subject to a 25-foot reaz setback. 4) A 10-foot landscape buffer shall be installed along the east boundary of the proposed Lazkspur South Subdivision. d. Outstanding Issue(s) for City Council: i. None. a. i. In favor: Ron Sazgent (Atmlicant's Renr_ esentativel ii. In o~nosition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting annlication: Anna Borchers Canning vi. Other staff commenting on aunlication• None b, Kev Issues of Discussion by o nc'1: i. Restricting access to Meridian Road. c. ~eY Council Changes to Commission Recommendation: i. The Applicant shall comely with the Citv of Meridian. TTD. and Fire Department's requirements for installation and removal of bollazds on the driveway intersection of Edmonds Courts. Lots 2 through 7. Block 9. as well as along the southern edge of the intersection of Marlin Wav and Edmonds Court. au~roximately at the north end of the existing cul-de-sac. thereby restricting access out to Meridian Road. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-049 and PP-06-051 as presented in the staff report for the hearing date of December 12, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 049 and PP-06-O51 as presented during the hearing of December 12, 2006, for the following reasons: (State specific reasons for denial of the annexation and / or preliminary plat request) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-049 and PP-06-051 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance) Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 2 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 230 / 240 Edmonds Court Meridian, ID 83642 b. Owners: Greenspur Investments, LLC Hellhake Family 1883 N. Wildwood Avenue 100 Rosalyn Court Boise, ID 83713 Meridian, ID 83642 c. Applicant: Greenspur Investments, LLC d. Representative: Ron Sargent, Greenspur Investments, LLC e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: 1. Date of Revised Preliminary Plat (attached in Exhibit A): October 31, 2006 2. Date of Landscape Plan (attached in Exhibit A): October 31, 2006 3. Date of Conceptual Housing Layout (attached in Exhibit A): November 1, 2006 h. Applicant's Statement/Justification: The gross density of the proposed development is 5.23 dwelling units per acre. The proposed density is in accord with the proposed R-8 zoning district but does not comply with the Comprehensive Plan for the site which designates the area as "Low Density Residential." Per the Comprehensive Plan Future Land Use Map, the Commission and Council can consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a "step up" in density, from low to medium. The subdivision will provide a large central common area with gazebo, parkways, and a mix of lot sizes ranging from approximately 4,000 square feet to 34,650 square feet. The average lot size is approximately6 6,000 square feet. There will be 0.72 acres (5.7% of the site) of useable open space provided, which exceeds the UDC requirements. (Please see Applicant's submittal letter for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 30, 2006, and November 13, 2006 (Planning & Zoning Commission) November 20, 2006, and December 4, 2006 (City Council) Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 3 CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 d. Radius notices mailed to properties within 300 feet on: October 20, 2006 (Planning & Zoning Commission) November 17, 2006 (City Council) e. Applicant posted notice on site by: November 6, 2006 (Planning & Zoning Commission) December 2, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): Existing homes, several outbuildings, and vacant land. The two existing homes and associated outbuildings are to remain. b. Description of Character of Surrounding Area: A mix of single family residential and vacant land, some of which has recently been proposed for residential development. c. Adjacent Land Use and Zoning: 1. North: Larkspur Subdivision No. 2, zoned R-8 2. East: Meridian Greens Subdivision No. 3, zoned R-8 3. South: Proposed Bitterbrush Point Subdivision, zoned R-4 4. West: Residential & Veterinary Clinic, zoned RUT (Ada County); Office, zoned L-O d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is proposing to sewer to mains planned Larkspur #2. Location of water: This property is proposing to sewer to mains planned in Larkspur #2, and a connection in Meridian Road. Issues or concerns: None. 2. Vegetation: Primarily vacant land. Existing trees should be retained or mitigated for. 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: Kennedy Lateral, to be tiled. 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 13.25 acres f. Subdivision Plat Information: 1. Residential Lots: 67 2. Non-residential Lots: 0 3. Total Building Lots: 67 4. Common Lots: 4 5. Other Lots: 0 Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 4 CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 6. Total Lots: 71 7. Open Lots: 0 8. Residential Area: 12.81 acres 9. Gross Density: 5.23 units per acre (6.47 net density) 10. Lot Sizes: Lot sizes range from 4,000 square feet to 34,650 square feet. The average lot size is approximately 6,000 square feet. g. Landscaping: 1. Width of street buffer(s): N/A (all residential streets) 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 1.07 acres (8.42%) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common, open-space lots should include at least one deciduous shade tree per 8,000 square feet (iJDC 11-3G-3-E2). h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for attached and detached single family dwellings. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The primary access to the development will be from an existing public street, Edmonds Court, which connects with Meridian Road. Additionally, three stub streets will be constructed to connect with future residential subdivisions; one at the north property line to connect with Larkspur Subdivision No. 2, one to the south to access Bitterbrush Point Subdivision, and one to the west to provide redevelopment potential to the neighboring 4.5-acre county parcel. Please see Exhibit B-7 for comments submitted by AC>3D regarding this development. 7. COMMENTS MEETING On October 27, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLIClE5 AND GOAL5 This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 67 residential building lots on 12.81 acres for a gross density of 5.23 dwelling units per acre. The proposed density is not within the "Low Density" range outlined in the Comprehensive Plan. However, the Comprehensive Plan Future Land Use Map, allows the Commission and Council to consider a bump in residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. To approve this development a "step up" in density, from low to medium, would need to be approved by the Commission and Council. Staff believes that the following Comprehensive Plan policies apply to this application (Staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 5 • CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connections, via stub streets and micropathways. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing an R-8 zone. Staff finds that the proposed developments to the north are compatible with the proposed development, and that the existing residences to the east and south have been buffered with appropriately sized lots. • Chapter VII, Goal IV, Objective C, Action (low-, medium-, and high-density single apartments, condominiums, etc.) for the p affordable housing opportunities. 10 - Support a variety of residential categories family, multi-family, townhouses, duplexes, upose of providing the City with a range of Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 6 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 This area is shown as low density on the Future Land Use Map. Staff recommends that the Commission and Council consider all public, agency and staff comments when determining if zoning this property to R-8 is appropriate. However, the subject application does propose a mix of single family attached and detached dwellings. Staff finds that, if approved, the development will contribute to the variety of residential housing in this area • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) Three stub streets have been proposed to connect with the currently undeveloped properties to the north, south, and west. Several of these properties have been proposed to be developed in a manner similar to the subject parcel. Staff believes that the proposed density (5.23 d u/acre) and zoning (R-8) for this property is appropriate. However, the proposed development and zoning requires a step up in density/zoning. Therefore, Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family, two-family (duplex), and townhouse developments as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the compliance of the proposed development with the Unified Development Code and the general conformance to policies and goals contained in the Comprehensive Plan, if the Commission and Council grant a step up in residential density, staff believes that this is a good location for the proposed single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on September 14, 2006, by Robert G. Hinckley, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. PRELIlVIINARY PLAT ANALYSIS: Based on the compliance of the proposed development with the Unified Development Code and the general conformance to policies and goals contained in the Comprehensive Plan, staff believes that this is a good location for the proposed single- family residential products. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 7 CITY OF MERIDIAN PL G DEPARTMENT STAFF REPORT FOR THE HE ~ G DATE OF DECEMBER 12, 2006 Access: Edmonds Way will serve as the primary access to the proposed development. Although not fully developed at this time, Larkspur No. 2 and Bitterbrush Point Subdivisions have supplied Larkspur South Subdivision with two street connections, thus providing Larkspur South with two additional access points. 2. Edmonds Court: As Edmonds Court, currently a cul-de-sac, is to become Edmonds Way, a thru street, the applicant will be required to vacate the unused portions of the cul-de-sac. Idaho Code 50-1306 establishes City Council as the decision-making body for vacation of all rights-of--way. Therefore, application for vacation of said cul-de-sac should be made as soon as possible so it can be heard before City Council concurrently with the subject annexation / zoning and preliminary plat applications. 3. Internal Streets: Internal streets sections are proposed to be at least 34-feet wide with 5-foot wide attached sidewalks. The Fire Department requires all roads to have a turning radius of 28' inside and 48' outside. Additionally, residential construction should be limited to 50 lots until such time that at least one additional access to the subdivision can be provided via the Larkspur No. 2 or Bitterbrush Point Subdivisions (See Fire Department Development Review Comments and Requirements, Exhibit B). 4. Common Driveways: The applicant is proposing two common driveways. Lots 5, 6, & 7, Block 9, will take access via S. Marlow Way, while Lots 2, 3, & 4, Block 9, will take access via E. Edmonds Way. Parking stalls will be provided next to said driveway, per the request of the Fire Department, to eliminate the potential for on-street parking on the shared driveway. Staff is supportive of the common driveway proposal. UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Further, UDC 11-3C-6 requires every single-family detached dwelling to have atwo-car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. All lots should maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the fmal plat. Comply with all common driveway provisions listed in UDC 11-6C-3D. 5. Landscaping: The applicant has provided 1.07 acres (8.42%) of landscaped open space, meeting the 5% minimum required by UDC 11-3G-3A-1. The majority of the open space is provided in the form of a large common area centered on the Kennedy Lateral. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Larkspur South Homeowners Association. The applicant has proposed a 10-foot wide landscaping buffer to be installed along the entire length of the eastern property boundary, to provide buffering of the larger lots of the Meridian Greens Subdivision. 6. Multi-use / Micropathways: One 5-foot micropathway and one 10-foot multi-use path is proposed with this application. The 5-foot micropath will provide connectivity from the east section of the subdivision to the west. The 10-foot multi-use path is proposed along the Kennedy Lateral. The Kennedy will be tiled at this site. Staff is supportive of the proposal to construct the multi-use pathway, as depicted All micropathways shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro-paths should comply with UDC 11-3B. Larkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 8 CITY OF MERIDIAN PLASDEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 12, 2006 7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 8. Fencing: The applicant should submit a detailed fencing plan with the final plat application. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing adjacent to all micropathways is also required. Said fencing can be up to six feet in height, if open vision. If closed vision is used, it cannot exceed four feet in height. The applicant should state at the hearing the type of fencing to be constructed adjacent to the micropathways, as none is proposed at this time. All fencing shall be installed in accordance with UDC 11-3A-7. 9. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 10. Tree Mitigation: Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 11. Existing Structures: The site currently contains multiple buildings. All buildings that span across proposed lot lines should be removed or relocated, prior to signature of the final plat by the City Engineer. 12. Housing Types: The applicant is proposing 36 single-family attached dwelling unit lots and 31 single-family detached dwelling lots. Staff is generally supportive of this ratio. b. Staff Recommendation: Staff recommends approval of the subject AZ/PP applications with the conditions shown in Exhibit B. As of the print deadline for the Planning and Zoning Commission hearing, Staff had not received a report from ACHD. On November 17, 2006, Staff received ACHD's report for Larkspur South and has included the comments with City Council's Staff Report for the hearing date of December 12, 2006. The Meridian Planning and Zonine Commission heard the item on November 16 2006 At the public hearing they moved to recommend aonroval to the City Council. The Meridian City CoLnc~l h .ar_.1„~and voted to annrove~he subiect annLication on December 12.2006_ 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Updated: October 31, 2006) 3. Landscape Plan (Updated November 1, 2006) Lazkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 9 CITY OF MERIDIAN PLANNIIV'G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 4. Conceptual Housing Layout (Updated October 31, 2006) 5. Sample Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Hi way District 8. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Lazkspur South Subdivision - AZ-06-049, PP-06-051 PAGE 10 CITY OF MERIDIAN PL~-NNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 A. Drawings 1. Vicinity Map t~ b 50L1 1A00 illtl~ ~) 7 tea as ~r Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER I2, 2006 2. Preliminary Plat (Updated October 31, 2006) rr::ti:,r to ~....r~ mc~uv y n, [ew, ~ ,vy:y ~~ W ~~ °° d:ve~ ~ ,. _ .r .r~~n._ h ~r4~:rn7 ~ sa,~ j ... „ , .. ~" tea., iCl`~'A'LTt±~~;t~~ ~ -~ s~ t J"~~u~ i"I _ rr P--. ? ~l ,..~ !nt csatimrcca '. auISLtIlC. LII `fl1lr?i~t ~ E ~~ ~ ~a p ~ ~ ~ ~ a e ~ ~ 7p hrt a ~~~i~ flea"Rst ~ ~Fi ~~twz ~~ r ~ ni 4yt ;a: ~ ~, i T~ ~ ~r 6~~ IIR ~ ~i~, c ~y 3.. .. E,. ~l~ a n C. TFF~ .~~ a C ~ ~ t igg ~* C p~iF e.6 >MA {`z nr.s¢~; ~ 7,irt~ M°.G~3c ~ Z-~t y~i B P ~t~ r~ s ~~d~ F ,~ ~ . ' ~ ICI II ,~~~ ~~ ~~(,Ii. },. ~:c.=. Kt~-: ~i 4-i_ ~~A E.J M~G•eEl afg~p~~7~'.~ ___~! 9'yA '(. r-k~-y'a t ,_ e--6'-' . 1~ Hwy ;~ ?, .',~ ,.~ `'- ~ ~` tF"V! c ` ~ a ~ m ,~ .. ~..! i ~,_~~ ~~ry ~~ ~~&~ ,r~ _ _ S/.~ _ _ _ ~j =~ r i;9' _ ~~~ ' i ~~~ Mb ~~~ rr ~l ~i ~' ' ~ k~ ~i 1 ~ q~ e a 6 a[ ~ Lr ~ 7 L, c Q i~ ~ v. ~.. ~. F * ~ % t s f~ e~ 0 ~,ti ry ~; y E 9 } L ~ 0?~ ."s R ~ ~ ~. ~p ~ ~ iF .i, _ c o t ~~ ~ eV 9~9 ~ wlc t ~ ti ~~~ts o3 ~ a • . . F 3 ~ ~ ~~ ~ i~ { ~ a~ ~'~` ~ r , ~ e ~ t t tgF d 'p 1 ~ .- s i p; r' n G Y e t ~ ~ ~ w 5 r B 1 [F ` u ~ i~ 7 r = E pR e n~ a b ~' ai ' I di it l 6 J ~ ~ ~ ~ v 33 @ ~ AP ~ I t .i3 1 ~~i ~ t~i , S d ~ Y T ' + ~ t f _a a r- ~ _ . i ~_ i ~ a F~ i _ u ca a c ca Exhibit A CITY OF MERIDIAN PLASJNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 3. Landscape Plan (Updated November 1, 2006) ~, ~1~ ~ ~~~ ti's _ ~ ~fc ~ „{ ~; _ s ~_~ ' _ ' ~ ss ~'`~ ; ~ ~-_ ` ~ ~ ~ fi -,- `~ r-- ~, ~~~~ ~ ~ ~ ~~~~~ .a ~ tc ~_ F t- ~- ~ ~ ~ r ~'pp ti. ,`ir ~ v ~F a~ ~ ~~ t ~ ~~ 1 ~ ~ r ~s~~ . a ~ ~ _. i y t~, S ~ .~ L 2 ~ I S{ p *t ~~ ~ ~Q ~i ~ ~ i, - i ~r x; ~~ k. pT ~ j~~ t5 ~ ~ ? i ~ j a f qg ~^{ ~ E 4 +~~ ~ -d ~ ~ ~ ~.t ~, i..l-.-mot ~} ~1 ~, .t_I ~Jr ~ ~- •~T~~._ Iki-I_i'~ L - '-i`"~ y( :l: ,~~~ ; ~r 1--~.t - -~1 ~ ri'' , ~~r~~ 4 ~ ~ ~i-' ~~ z ~ ~~u :._ ~: n~ .~- 3 i ~ 3 _~ i ~ 1ii~! yam" • 4 E ~ Y~' e!~ -~, ,. '` #,~i sip; ~~ I; t- .- ;' ~. - ~~ ~ t ~-,1-fir-~.r---.~ d'~ ~ ~~ r'~ y4 {~~ ~ ' ~, Exhibit A CITY OF MERIDIAN PL,~-IJNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 4. Conceptual Housing Layout (Updated October 31, 2006) __ -- I ,T SP~IICC~1 '>6.1 .itMim tC '.~ 99 ~'~ Rahn- ~9-~s1 %~•~• ~Y 1 4~:7 ~ r1' - ~ II:$` .J.. ~ ~:-~, ~~~~, ,~..~ .~~ ,~:L~ IEGW 'S {J r,. ~ I~ 5I R~lf `_ fi 9 - ~~1a+m i _._ I' I t >_. ~~ , - ra Asa sm fl ,i=at'1m~ls>s"at~+r atkni~7d t . ~irc"fi.a~ - L~iTga'_LYIIArt.i4tl,e$~- w' san~uia~ ~~ r.c~s.,~au ~i~.w~t~~; -cam"...a asY, ~ - ~ n' ~~~,.~~s„n~eu f ). _ w~.,s~-+er~: u-.a~~ s_,rl~nr~., _ I - ~I C S ~~' ~ ~ s~~ ~ ~~ ~ I ~` K Y~8 ~.~ E i rt F ( ~~55p e,~.~~s ,~ P,c$ ,.~c f~ gag S14 ~~`~57 xe ~~~~~°~X tY~ ~ '~~ y, { aCa4~~. Ed rsaxrt F~~tFiSiti'@E~4~Ai~:~3.?aa=~fEi~S r`. lit i~ ~ Iz ~~~~ ~ ;iii ~ ~ '~ ~ ~ ~ i ~. ~ 1. ~ ~ ~ - ~~ ~ ~ ~ I I .: ff r ~ ~ ~ ~ ~ ~ ~ ~ '~._i~p 3d ~ w ff 1+F ~ n.. ~ 1 ~ ~~ j i G ~ '~ }' _ I j t ~ + !I ~ ~e4; _ i _ - ~t~~ i' r- - - =-I ~q `~- ,~ ~ -_ `~=~, ~ U~ ~ 3 t __G4 I~i,-`1 i; ~-_ ~ ~r- - yip -r~ i..~ w ti~~,~~ ._~~t~ ~ ~ _~, _ r.... 1 -_- ~' i -~~ , ;;; ~ ______ ` , `..: ~I ~,;> ~ . Vii'' °' I ~ r v A~tl x _ A:~ ! I.-1 1" x, f+ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 5. Sample Elevations _~ ~ ~~ ~'i . _. - - ~' A + (~ ~~ r `'_ 1 Exhibit A CITY OF MERIDIAN PLASDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 ~~ l .ra~ ~. ,_ c i-~~«, ~ •~ ~j~- ~. ,z_. , ~~. ,~~ _. ,. _ ~~. r ~u~:i, i __ ~.:, ,, ~ ~ ,~r -,. ,~ ' .,a~;:~utsr wrx' n.,~.... . a,.. _ .v,< wa. woo Exhibit A CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated September 14, 2006, and prepared by Robert G. Hinckley, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet P1, prepared by Treasure Valley Engineers and updated October 31, 2006, is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-06-051). 1.2.2 The maiority of lots adjacent to Meridian Greens Subdivision No 3 shall be at minimum, 6 500 square feet in size with no lot being less than 6 200 square feet 1.2.3 The homes adiacent to Meridian Greens Subdivision No 3 shall be constructed with 40-year architectural shingles on the roofs as proposed by the applicant 1.2.4 All lots adiacent to Meridian Greens Subdivision No 3 shall be subject to a 25-foot rear setback: place a note on the face of the final plat(s). 1.2.5 A 10-foot landscape buffer shall be installed along the east boundary of the proposed Larkspur South Subdivision; place on the face of the final plat(s) 1.2.6 Dedicate and construct all public internal roadways to meet ACHD's road design standards. 1.2.7 The applicant shall vacate the cul-de-sac right-of--way at the terminus of Edmonds Court. 1.2.8 Provide a street connection to Assessor's Parcel Number 82114050305 to the west, as depicted on the preliminary plat. 1.2.9 All internal roads and common driveways shall meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius and be constructed in accordance with ACHD's requirements. No parking signs shall be installed along the common driveway on Block 9. 1.2.10 Provide a temporary turnaround for emergency vehicles on Lot 10, Block 12, as proposed. 1 2.11 The Applicant shall comply with the City of Meridian TTD and Fire Department's requirements for installation and removal of bollards on the driveway intersection of E.~monds Courts hots 2 hroueh 7. Block 9. as well as alone the southern edee of the intersection of Marlin Wav and Edmonds Court approximately at the north end of the existing cul-de-sac thereby restricting access out to Meridian Road 1.2.12 The landscape plan prepared by Jensen Belts Associates, on November 1, 2006, no label, is approved with the following modifications/notes: • Provide 1.07 acres (8.42% of the site) for landscaped open space. • Per UDC 11-3G-3B5, all parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one Class II tree for every 351inear feet of parkway. • Provide a 10-foot landscape buffer along the eastern property boundary to help the transition in lot sizes between the proposed subdivision and Meridian Greens, as proposed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER I2, 2006 • The proposed micropathways shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathways shall meet the requirements of UDC 11-3B-12. • Per UDC 11-3A-7A-7b, all fencing adjacent to micropathways shall be either four feet (4') in height, if closed vision, or six feet (6') tall if open vision fencing is used. Modify the applicable areas within the landscape plan to reflect this requirement. • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks Department. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. The landscape plan is not to be altered without approval of the Planning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.13 All existing buildings that span across proposed lot lines or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated, or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.2.14 Maintenance of all common areas shall be the responsibility of the Larkspur South Subdivision Homeowners Association. 1.3 GENERAL REQUIREMENTS PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE ~ G DATE OF DECEMBER 12, 2006 1.3.7 All irrigation ditches, laterals, or canals intersecting, crossing, or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the appropriate Irrigation District. Plans will need to be approved by said irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.8 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned in Larkspur #2. These mains flow to sections of trunk mains that are currently accepting flow from out of shed development causing capacity concerns. The applicant shall be required to install an "off-peak pumping station" at a location coordinated with the Public Works Department. The design shall be coordinated during construction plan review and shall include, but not be limited to the following, odor control, duplex pumping, capacity of 150 gallons per ERU, and communication capabilities consistent with our SCADA. This condition maybe rescinded by the City Engineer if new information arises from ongoing modeling exercises or other subsequent sources. 2.2 The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 As part of the City of Meridian's to and through policy the applicant shall be required to install sewer mains along this properties frontage on E. Edmonds Way. 2.4 Water service to this site is being proposed via extension of mains planned in Larkspur #2 and Meridian Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 A water connection shall be required in Meridian Road. 2.6 This property is on the edge of a pressure zone boundary, and therefore the applicant shall be required to install a Pressure Reducing Vault in a location coordinated with the Public Works Department. 2.7 The existing houses that are to be retained on-site shall be required to connect to City Services. The applicant shall be required for payment of the assessments prior to signature on the final plat. The applicant shall be responsible for the actual physical hook-up of the house to the municipal services prior to "Certificates of Occupancy" being issued in any phase containing the house. 2.8 With the final plat the applicant shall be required to dedicated a 10-foot wide Public Utilities, Drainage, and Irrigation Easement centered on all interior lot lines not being spanned by an attached structure. 2.9 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.10 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public Exhibit B CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HEG DATE OF DECEMBER 12, 2006 right of way (include all water services and hydrants). 2.11 The applicant had indicated that the pressurized irrigation system in this development is to be owned and operated by the Nampa and Meridian Irrigation District. Therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.12 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iTDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.13 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.14 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.15 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.16 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alten~ate plans will be reviewed and approved by the City Engineer. 2.17 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.18 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.19 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.20 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.21 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. Exhibit B CITY OF MERIDIAN PLASDEPARTMENT STAFF REPORT FOR THE HE ~ G DATE OF DECEMBER 12, 2006 2.25 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.27 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 24' wide. 3.5 No parking shall be allowed along the common driveway on Block 9. Provide signage "No Parking." 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The proposed 67-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 194 residents at build out. 3.8 All portions of buildings locate on Lot 9, Block 9, and Lots 8 & 9, Block 10, must be within 150' of a paved surface, as measured around the perimeter of the building. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout Exhibit B CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 12, 2006 with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m) b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 5.1 Pathway and Trail Standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.2 Standard for City to Assume Maintenance of a Section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.4 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 Turning Radius: The applicant shall provide a minimum of a 50-foot turning radius. 6.2 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6.3 Trash collection for the existing residence needs to be from a local street, not from a collector or arterial. 7. ADA COUNTY HIGIIWAY DISTRICT 7.1. SITE SPECIFIC REQUIREMENTS 7.1.1 Construct the internal streets as 34-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk, within 46 feet of ri t-of--way. Obtain Fire Department approval for the reduced street section widths; and construct any curves in the internal streets with a minimum centerline radius of 100 feet. 7.1.2 Construct all stub /connecting streets, where proposed as 34-foot street sections with rolled curb gutter, and 5-foot concrete sidewalk within 46 feet of ri t-of--way. East Whitehall Drive should have signage at the terminus stating: "THIS STREET WILL BE EXTENDED IN THE FUTURE." Additionall~pplicant should provide a turnaround easement encompassing the entirety of Lot 11, Block 12, for E. Whitehall Drive due to the fact that the street is greater than 150 feet in length. A notation of this easement should be made on the final ,plat. 7.1.3 Construct Edmonds Court to one-half of a 36-foot street section with rolled curb, gutter and 5- foot attached concrete sidewalk within the existing ri t-of-way for the existing~(not vacated) section of Edmonds Court; AND construct the internal portion of Edmonds Court as the internal Exhibit B CITY OF MERIDIAN PLA,NNII~IC~ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 street section within 46 feet of right-of-way All street improvements for Edmonds Court should be constructed along the vacated frontage to provide a complete and continuous transition from the unproved (mternal) section to the existing off--site, section 7.1.4 Comply with the City of Meridian ITD and Fire Department's requirements for the potential uistallation of removable bollazds at the driveway intersection on Edmonds Court from Lots 2 throueh 7, Block 9; as well as along the southern edge of the intersection of Marlon Wald Edmonds Court (approximately at the northern edge of existing cul de sac)• thereby restricting access out to Mendian Road. 7.1.5 Comply with all Standard Conditions of A proval 7.2 GENERAL REQUIREMENTS 7.2.1 Anv existing irrigation facilities shall be relocated outside of the right of waY 7.2.2 Private sewer or water systems aze prohibited from being located within any ACRD roadway or nght-of--way, _7.2.3 All utility relocation costs associated with im rp owing street fronta¢es abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb gutter and sidewalk and any that may be dammed during the construction of the proposed development Contact Construction Services at 387 6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy_ 7.2.6 Utility street cuts in pavement less than five yeazs old aze not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual ISPWC Standazds and approved supplements Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein An engineer registered in the State of Idaho shall ~repaze and certify all improvement plans 7.2.8 The applicant shall submit revised plans for staff ap royal rior to issuance of building~ermit (or other reauued permits) which incorporates any required design changes 7.2.9 Construction, use and rp op development shall be in conformance with all applicable reauirements of the Ada County Hi hway District prior to District approval for occupancy 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Hi way District Road Impact Fee Ordinance _7.2.11 It is the responsibility of the applicant to verify all existing utilities within the ri t of way The apphcant at no cost to ACRD shall repair existing utilities damaged by the applicant The apphcant shall be reauired to call DIGLINE (1-800-342-1585) at least two full business days pnor to breaking ground within ACRD ri t-of--way The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spaze or filled aze compromised during any phase of construction. _7.2.12 No change in the terms and conditions of this approval shall be valid unless they aze in writing and sinned by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Hi hway District The burden shall be upon the applicant to obtain written confirmation of any change from the Ada Count Highway District 7.2.13 Any chance by the applicant in the planned use of the ~ro~crty which is the subject of this Exhibit B CITY OF MERIDIAN PLANN• DEPARTMENT STAFF REPORT FOR THE HE~ G DATE OF DECEMBER 12, 2006 application, shall require the applicant to comply with all rules regulations ordinances plans or other reaulatorv and legal restrictions in force at the time the applicant or its successors in interest advises the Hishway District of its intent to char egc the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B CITY OF MERIDIAN PL,~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 C. Legal Description ,}sw Z !Hml1171t T' `~'~..- tit iL r~tNDSME~G7ti!1~,14C~FP~'a4•'~'~. ANI~EXATIt)N p-NR ~Z~NE O~SCRIPTION FAR LARKSPtJ~t SU8RM51~3N N©~:3 ~ - i ~t -~ ~' ,)ab Nm. ~s1 Se~temtter 14, ~~1OS t.trts'S and f? in Edtrtt~rPda gubd'rvis3on, Bat3ts ~~ Page ~®a0, ~4da CaurPty Plat R~arcts, within-the htW1l4Sd1+9P4 crf ~1on 19, T3N, R1E, E3IW1., ~iry:af Mertcfian, ~r~a t„cunty, tdatta, described ray mates and baurPds as fatiot^~s CC~tUihltt»NCiNG trit fhe Vest 114 CorrPer af`said Scaat 19 marked by an Aluminum Cap iv9ranurss~nt as per corner: pn recorri irtat.'iVo. s1497t?g; ti~ence, a3ang the west time of said Section 19, South O11~58'139~ }I-/est, 133t}.5i3 feet, to t#te Sti~thvuest Garner of staid l~ld4'1l4S?iN1t~# ~SoP~th 1i16 Ce~mer), atsro being tF-e SoPPthrvest Ct~mer` at'said Ed~nds.Subdivlsion; thence, a}ong the South L.Ine of said Edrttr;-nds Sutsd'ivisittn, rcrutly 89~56'+t~3" East, t~41.~t9 teat; to the Gdutfirvae$t CarneP' ai•sald lots thereof. anti the P~ill+l'f G~ BEGiNNiNt3; #}i®noe aioatg tips ii'~lest Line of said tot 6. Norlh.t50°4t2'21,East, 317673 feet. to a pt~int can: the ~i:Ptt~erly right-of-may try t~dmrrr+ds Gaur#; of 3.25 feet.,. tF~eP~°e along a n®n-tangent 45.Or3 foot radius curse to the right, an arc tat't through a central angle oT 46°08'55°, and hawing s chord which beaus ~4orth SS°55'91"West, 3527 feat, and a 20.OQ fct~tradius reversing curve.to the lefiy tt9once alac~g said cure and rlgttt-af-v~ay~, an are Length of 18.1 ~ Bret, through a central ~n91e t ~6°91°93"° hauirtg a shard which bears ~lartkti 66~54'20°1N~t, 15.ti91eat4 thsrtce ccntinuinc~ aion~-said ricdht-o*i way, t~tarlt~ 89'59`; 6"1Ji~'egt, 254.33 feats theraca Riorth Oi)°30'95°Eas#, 5(1.0©feet, to iiaa soutf~westerly c~merof sa~r! t_ot 5; thonce along the blast Line therea~f, being. ctlirtCictarP# with ~'Pe E~St !Line of ~lolmsn Subdivfste3n as per the P}at tisereof, in Qook 53s et l}age 465, Ada. CKatrnty Ptat Rerord~ Natth 00°54't~2~t=.ast, 30+4.99 teat theroce con#in~ing sianc~ said cc-mrrresrt liars; Not'th ff1°Q?"(ISA East.1£7.Sfl'#eet° to the IVarth~aest Gtsrner of said t.c~t 5; thence altang th® Nart~s Line tkPeneof, South g$°67'16"East, 7t~B.~Cf fast, to the Nt~rthaast Corner t~fi sdisi Lot 5. thence. slar+g the Eest Lines ctf said Letts S snit ~ of Edmonds Suisdiutsidai, coincident Wtth the b~aa~s~dary csf 7'he 1<~[etidian CsreBtts llnii'~o~uth ®0 ~5' s'~" W'est,r85f8i82 ~ i, tt~ the So~ tip as~2 thrr~ugh 64flS, Ikdd County Prat ftect~rds, Garner pf said Edrncnds Subdivisionx maakez3 try a 518 frtct# retsar; ~wtttt a plr~sac cap cnari'sed ° theS ca a3orng the Szluth i~rae t+f saitt l`d~rsonds Si~t3ciivisort, youth 89°57'~?~' West- ~i35-25 feet >tp the PO1~17 i)F BEGlI~NIN~, ~- ~v~~ ` -."'" Containing 'I3.25 acr®s, msri~ or tees; ~,~ Y'~" 3~~p~',Sur~El'~ss'lip~Pt~-A"'r~';'P;~S br~T~a ~,~ "fJ ~r~ m~ L'~~~#~ Exhibit C CITY OF MERIDIAN PLA!~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 ~ ~ E~h~~ '~N 4 ~"Gi $~~ ' 1 ~ ~~ ~Ytf h ~~ 4'l~0IF4i~i~ SAP ~* 5~,:~+~,s~t ~W~il9~ ,~'~+i;~ a~i' . !`~~'~ ~12. '~fJl~?~ili:;rC~~~T• 1 ~ ~i~sQS ~ qq ~/~gg ~{~~[td~.' f .~ ~ ~ ~ SS9~7`36°~ 7~9.2t? r~ t I ~ ~ o qtr ai~ r i" ('~}~E !1/~{(~ ~'{J~~j~~y~~y ~ l . ~.`..~ j ` ~ ice' i'~i, v,~ ~ CLJ f't~CIIYU-:3 . '.. is ~k6'Y VIa374alJ~k. _ . r ~ • .ii I 45r' A.~~~,i_ - r~ ~~ ~~~~ ~J~ dtf l..7lA~ u~b~p: k ~+~''' ~'} q~ 4~~aZL. ~LW4~ - ~LV°~ 1"J ~ I 1 4) v\ ~ r~j ~ I r ~ ~ ~ •M \~}~47, 1 ~} 'S ' t~6 e C7 ~9 V ` ~ 'i ` icy. ~. y . ! ~ .. o i GC7 ~ , Y o - ~I ~ _,'._ _"tr .~ -, _.. ~~ ~.__..4l~iJ)111L__ • hl: .. 1,~1..~~ Y,4..~it,~~~" ~' ~.° t ~ I ~ ~ L v x~ ,~ iyj ~ ! ~ ~ - j '~ O G1 '.. ~ L`c rC7 ~, z FSflINT ~ ~~NNIMt~ 4J ~J c U~ ~f (~ My "a fl _? +~` a7" ~d W 9,{ptE ia~4R1N~ !~}SIAfii L~ S 3~'~ tlb E ~iE4. ~ N TS :~~' ~ aF a~HDt~'I~~O'J ~'s~Nl~~'~+E'a'ELtTPk~: ~R-~t~P~. I.m ~ I r ~e~rsr ~~ ~'~ti,~ ~ ~~~6T~6 # d~31:?C ~'k'I~I'~ A~i~ ~ ~ !-~- n:~~a G~xH~ a ~~~r x FRS ~ T G6astt e t A : ; ~ mver$'S'1~f~.~+ ~'H~~T 3,,it~ft7ro 1 ~ 1 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H• G DATE OF JULY 20, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property R-8 (Medium Density Residential). Council finds that the proposed zoning map amendment generally complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that single-family residences are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council fords that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (iTDC 11-SB-3.E). The Applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. Council finds that Annexation and Zoning of this would be in the best interest of the City, and believes it is appropriate to allow a step up in density and zoning for this property. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council fords that the proposed application is generally compatible with the adopted Comprehensive Plan. The Commission supports the proposed density and proposed plat layout, with recommended changes, as they generally comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 20 2006 the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council should rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this fmding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. AChID considers road safety issues in their analysis. Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff and the Commission is unaware. 6. The development preserves significant natural, scenic or historic features. The Council not awaze of any natural, scenic, or historic features on this site. Therefore, Council fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff and The Commission aze unawaze. Exhibit D January 5, 2006 AZ 06-041 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT Larry C. Harpe ITEM NO. 5-F REQUEST Development Agreement -Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harpe Subdivision - 4715 North Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: COMMENTS See attached Development Agreement CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: R~~r.. Date: ~ ~ Phone: 9 ~ ~ - ~ ~~ Emailed: ~ f ~ ~ o~ ~, nn Staff In ials: Materlats presented at pubUc meetings shay become property of the City of Meddlan. ... , J ~ ®_ ~^~ THE LANIl GROUP, INC. To: Will Berg From: Van Elg (dw) Company: Meridian City Clerks Date: ]2/27/2006 Address: 33 E Idaho Job #: 06119 Meridian, ID Project: Hatpe Subdivision 83642 Phone Number: j Fax Number: Cc; DEC 2 7 ~p~ CITY ®F IV-ER IAIV FICF ENCLOSURES INCLUDE: ^ Plans ^ Samples ® Other ^ Specifications ^ Submittal Data ^ ^ Copy of Letter ^ Change Order ^ _, ~~: 1 12/27 1 set Original Development Agreement Signed by Developer/Owners TRANSMITTAL ® Courier ^ FedEx US Mail ^ UPS ^ Pick U T'RANSMI'TTED FOR: ® Acceptance ^ Your Use ^ As requested ^ For Bid ^ ^ For Construction ^ ^ Returned for Correction ^ Other NOTES: Please let me know if you should have any questions or need additional information. Van Elg (d.w.) S`ita' P/ar.r.itr.~ ®T.rttpd~~z~t~a ,~l.r,;hire~irara ~ C.ivi( F~t~,getr~s~ritg ®G,;~-Ci;r:rs~ Tr~r,~atroa~?'~ ~sn,~itzaG~rn~ ®~~r~~lrr~ C.i;rrartarrfi~~~?tirra ®S~errr;~r-•rzo 4G2 L;. Shore Di7~e, Ste.. "l+itl, Eagle, Ic~c;ho 83G1(~ ~ 1' 4(18.03<>.4t141 Ii 4t~8.<,?3~>.4~-dti ~ ~vve•u~.thelarid~oul~iric.cofz~ • ADA IbUNTY RECORDER J. DA~NAYARRO AN90UNT .00 4 BOISE IDAHO 01/12107 09:24 AM 4 DEPUTY Bonnie Oberbil0g 11~ II~I'~'~~I'~~~II~II~II~I~~I~~I I'~I REGORDEO-REQUEST OF I ~ertdtan City 1 Ef'~~9~55~6 DEVELQPMEN`l' AGREEMENT PARTIES: 1. City of Meridian 2. Larry C. Harpe. OwnerlDeveloper 3. Oliver D. Palmer and •Bazbara D. Palmer, Owners THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this otCS*'" day of QCf~I~ r , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, Larry C. Harpe, whose address is 1092 W. Shearwater, Eagle, ID 83616, hereinafter called OWNER/DEVELOPER, and Oliver D. Palmer & Barbara D. Palmer, whose address is 1515 E. McMillan, Meridian, ID 83642, hereinafter called OWNERS. 1. RECITALS: 1.1 WHEREAS, Owner/Developernnd Owners aze the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to •as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awrittencommitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Owner/Developer and Owners have submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of (R-4) (Low laensity Residential District and (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer and Owner made representations at the public hearings both before the Meridian Planning & Zoning DEVELOPMENT AC':RFF.MF.NT (AZ 06-041) HARPS SYTBDMSION PAGE 1 OF 12 Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be madc; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 21~` day of November, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Findings; and 1.8 WHEREAS, the Findings require the Owner/Developer and Owners to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPERnnd OWNERS deem it to be in their best interest to be able to enter into this Agreement and aclmowledges that this Agreement was entered into voluntarily and at theiuc urging and requests; and 1.10 WHEREAS, City requiresthe Owner/Developer and Owners to enter into a development agreement fc~r the purpose of ensuring that the Property is developed and the subsequent use of the Property is i:a accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION PAGE 2 OF 12 NUW, THEREFORE, inconsideration of the covenants and conditions set forth herein, the parties agree as follows: 2• INCORPORAx'ION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Larry C. Harpe,1092 W. Shearwater, Eagle, ID 83616, the party who owns a portion of the property and is developing said Property and shall include any subsequent owners and/or developer(s) of the Property. 3.3 OWNERS: means and refers to Oliver D. Palmer and Barbara D. Palmer, 1515 E. McMillan, Meridian, Tdaho 83642, the parties who own a portion of said Property and shall include any subsequent owners of said Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of .Property located in the County of Ada, Ciry of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-4 (Low Density Residential District) and R-8 (Medium Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Titlel l which aze herein specified as follows: DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDMSTON PAGE 3 OF 12 • Construction and development of a single family development consisting of 22 building lots, and 3 commons Zvts in the proposvdR-4 and R=8 zones on 8.95 acres pertinent to this AZ ©6- 041 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVE>[,OPMENT OF SUBJECT PRC3PERTY: 5.1 OwnerJDeveloper shall develop the Property in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glaze or odors. 2. That all future development of the subject property shall be constructed in accordance with Cily ofMeridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wellsand/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape izxigation. 5. That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-8 zone. 6. That Lot 13, Black 1 be annexed and zoned as R-4. Prior to annexation ordinance approval, the applicant shall provide new legal descriptions and zoning maps for this praperty that depict the Council-approved zoning for this property. Said legal descriptions shall be submitted to the Planning Department for review and approval. 7. That prior to issuance of any building permit, the subject preperty be subdivided in accordance with the City of Meridian Unified Development Code. DEVELOPMfiNT AGREII~NT (A~ 06-041) HARFE SUBDMSION PAGE 4 OF 12 • 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Develvper or Qwner/Developer's and/or Owners or Owners' heirs, SuCCe$50rs, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-G509, or any subsequent ~ amendments or recodifications thereof. 7. CUNSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer and Owners consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and/or Owners and if the Owner/Developer andJor Owners fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Aeveloperind/or Owners shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developer's and/or Owners or Owners' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer and/or Owners of any one or more of the covenants or conditions hereof shall apply D~VII,.OPMIrNT AGREIIvI1:NT (AZ 06-041) HARPE 3UBDMSION PAGE 5 OF 12 solely to the breach and breaches waived and shall not baz any other rights or remedies of City or apply to any. subsequent breach of any such or othcr covcnants and conditions. 10. REQTJIItEMENT FOR RECORDATION: .City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owne~/Deyeloper and/or Owners , prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agr~ment. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agt cement shall be enforceable in any court of competent jurisdiction by either City or OwnerlDeveloper and/or Owners, or by any successor or successors in title or by the assigns of the parties herein. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 in the event of a material breach of this Agreement, the parties agree that Cityand Owner/Developer and/or Bw~sOw.ners shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer and/or Owners or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similaz causes, the DEYBLOPIVlEN'I' AGR)3EA~TT (AZ o6-041) HARPE SUBDYVISION PAGE 6 OF 12 • time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Owner/Developer agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer and/or Owners agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developerhri entered into an addendum agreement stating when the improvemcnts will be evmpleted in a phased developed; and in any event, uo Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Deve~eper Developer and/or Owners agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fart and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16 NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER/DEVELOPER: Larry C. Harpe 1092 W. Shearwater Eagle, ID 83616 OWNERS: Oliver D. Palmer and $arbara D. Palmer 1515 E. McMillan Meridian, ID 83642 with copy to: DEVELOPMENT AGREEMENT (AZ 06-041) HARPL SiJBDMSIQN PAGE 7 OF 12 • City Clerk City of Meridian 33 E. Idaho Avenue Meridian, tD 83642 16.1 A party~shall have the right to change its address by~delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Sbould any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be cntitlcd, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIlVIE IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer and/or Owners of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer and/or Owners, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer and/or Owners have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEA~N'I' (AZ 06-041) HARPE SUBDMSION PAGE 8 OF 12 • 21. FINAL AGREEMENT: This Agreement sets ~ forth all promises, inducements, agreements, condition and understandings between OwnerlDeveloper and/or Owners and City relative to the subject matter hereof, and there~are no promises, agreements, conditions or understanding, either oral or written, express or implied, between OwnerlDeveloper and/or Owners and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the usesand/or conditions governing rc-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted pubfic hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and executio:a of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed taus agreement and made it effective as he DEVELOPMENT AG1~,EEMENT (A2 06-041) HARPE SUBDMSION PAGE 9 QF 12 Attest: WILLIAM G. BERG, JR., OLIVER D. PALMER BARBARA D. PALMER CITY OF MERIDIAN ~ ~ ~ ~~ ~ .~~~~ Ry_ MAYO MY de WEERD .~ ~, ~',~ .y ',~ ~~ ~i ~ ~ f ~~ ~~ ~- ~~~ ~~ '~~~~' . ~QUNTY . ` `,.~;. '' ~~~~~rurni nuti~~~~` ~ DEVELOPMENT AGREEMI?.NT (AZ OCr041) HARPS SUEDIVISION /- ~'-Q ~ PAGE 10 OF 12 • STATE OF IDAHO, ) ss County of Ada, ) On this ~~day of~~rrw~ear" , 2(MkS, before me, the undersigned, a Notary Public in and for said State, personally appeared Larry C. Harpe, known or identified to me and acknowledged to me that he executed the same. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. '~~~ °e°e°Obee ~~~ °s°, ~ , 0 °e °°e8~ ~pTAIiY °° . ° e - e dao ° ~d ~ °~ PTTR~,T C o o - e o e ~(1 ee ~I "~~1Q ryA~eeeaepOt°~°}tt~~ ~` STATE OF IDAHO, ) ss County of Ada, ) / ' Notary Public for Idaho Residing at: ~ My Commission Expires: -~ ~-ao ~! k~ On this ,~ day of~ r`; 200b, before me, the undersigned, a Notary Public in and for said State, personally appeared Oliver D. Palmer and Barbara D. Palmer, known or identified to me and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my baud and affixed my official seal the day and year in this certificate first above written. ., ~'~, Q~ • e°e °. s ~ 1Y °~ ~ ~ °1O °'~' = Notary Public for Ida~o 4 ~UBLYC p Residing at: '•,~~~~°~°~,~a.°.+° My Commission Expires: -1 -- 2~ ATE' of Zp.~a DfiVELOPMENT AGRELNffi~TT (AZ Ob-041) HARPfi SUBDMSION PAGE 11 OF 12 • • STATE OF IDAHO ) ss County of Ada ) On this ~~ day of ..,~Cll _I (~ 1~ ~ . 200S~before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayar and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (S~-) d~ Notary Public for Idaho Residing at• ~~ lz7 Commission expires: lh-1 1-1 1 DEVELOPMENT AGREEMENT (AZ 06-W 1) HARPE SUI3DIVISION PAGE 12 OF 12 ~a ~~ ~~~~~~~': `~ DEC 0 5 2~ yea ~.,-zvn oaouh, uvc. City Of Meridian, City Clerk OfIYCe ldo~vember 2.1,2006 Project No. 06018 R-$ Rezone Legal 1?escrlption HARPS SUBDIVISION 6.29 Acres REZOlYE LEGAL A tract of land for rezone purpa~a being a portion of Lot 7 of Crestwoad Subd;v;sion No. 1 {a recorded subdivision on Ella Ia Book 28 ofPlats at page 1357, records ofAda County, Idahoj.~and a portion of the Northeast Oae Quarter of the I`lortlleaat Oae Quarter. a1lloc~Ecd is St~ioa 31, Township 4 North, lunge 1Last, Doke Wlerldian, City of Merldiaxt, Ada Couary, Idaho, glescribeci as follows: BEQiNNI]Vti at a found brass cap tnonumerlting t~ Northeast Corner ofsaid Section 31 alt the center) ine of North Locust Grove. Road, from which a found 518-inch steel pila monumenting the Last One Quarter pfsaid Section 31 boars South 00°33'O~F" Wcst:a distattaa of2,689.66 fcet; ~Tlte~pce following the easterly line of said Section 31 and the centerline of said North Locust ©tove Road, South Otl°33'04" West a distance of 660.00 feet to.a lint; Thence leaving said easterly line sad said centerline, North 89°46'38" Vilest t; distannce of 2Sl).00 feet to a point being rile Southeast t"orner of said Lot's; Thence tollowlag the southerly line of said Lot 3, North 89R58Z4p Wcst a distance of 34037 feet to~ a point being the Southwest Corner of said Trot 3; Thence Leaving said southerly litre atnd following the westerly line of said Lot 7, North 00°33'04" East a distanrca of 319.91 feet to a point; Tbence-leaving said westerly line, South 89°S9'26'° R.ast a dlstaot~ of340.37 feet to a point on the easterly line of said Lot-?; Thence following said easterly litre, North 00°33'04" East a distance:of 306.99 feet to the Northeast Corner of said tot 3; 13aence leaving said eastet~y Lino, North 00°33'04" F.est a dIs~tance of33.OQ feet to a paint on the northerly line of said Section 31 and the centerline of East McMillan Road; Thence following said northerly line and said centerline, South $9°465" Est a distance of 250.00 feet to the POINT OF SP•GINNINCI. r T/laQfJrdeur•Sryi1'~/~ • Ct~1~ . c.,f/Caxr~,li'~°g.~'~+sd ° r~n~vfiarlea t~0l;ivcr t+istt 1'locc,l win I~alis, klalw 8~S0f t~•733~11, t+8A8.7~3a1045 ~ ~y~i-au~ni~~eeo~n Qs1C.11)~lsapk'l'te-~sfee I+iles~fl61l181d~06f 121 {mne snb_tIdD18.,n8 rrr~"m ~qr 3''~ %~` ~ ~../ rxa >I.sNa asoeiv, rNS: C The abovo described tract of land contains 6.29 ages, more or less, subj~t to all existing easemment9 and rigl1ts-of-vyay, ~1' ~Y~ THE LAND t~RQL1P, IIVC. l40 RIVER VISTA PLACE TWIN FALLS, D7AII0 83301 20$-733-4041 20&73~-4045 (FAX RY n var. Nov ~ o ~ MERIDIAN PUBLIC WQRKS DEPT. Iwnd~afirAm6Ua4~r •.i7+rP ~ Gail ~+wer~,B • ~rCe~rr lrr~oa t3-~r~ ~ t C~ea lip liitsr ~'~ca 1'~ce,'~'~rb~ ice, !data, 83>fll P2D$~733-~dll, l~•i33•~F5 • a~r~erehn~netprxn~.~~. t):1UiI~~e'1'rm~ufar t!ge~~060r8~OG1121_lrupe wtb_Or%118_r-81rdoa r i ~-- ~:, Na~rensber22, 2006 Project No 06018 R-4 Rezone, Leal Descriptio~t 13.arpe Subdivision z.~b A~~ ~~- ~~ ~~ ~ ~ +®,. CIIIs 1.4ln t:itttt4t+• t1t`. RBZON~ LEGAL A tract of lend being a portion of Lot 7, of Crestwood Suhdlvlsicm 1Vo. ] (a recorded subdivision on i~te in Book 28 Page 1757, mcords..of•Ada County, ldaho~,sltuated is the Not~theast One Quarter of fire Northeast t)ne Quarter of Section 91,1Cownship 4 North, Range l East,l3oise Meridian, City of Meridian, Ada County, Idaho, described os follows: Commertcittg at a found btu cap monumentiag the Northeast Garner of said Section 3l, which bears North 00°33 °04" East a distance-of 2,889.bb~feet !rom a found 51.8-inch ste8! pint tnonun~ting the East t7ne Quarter Corner of said Sectioa 31; Thence following the northerly line of acid Section 31, and the oentertine of E. McMillaa Road, North 89°4b'3S" West a distatts~ of-250.00 feat to the POINT OF BE©INNIN(3. Thence leaving said northerly line and said cemerline South 00°33'04" W$st a distance of 33.00 feet to a point being the Norilteast Corntsr of said-Lot 7; Thence following the easterly line of sa{d Lot 7. South 00°39'04" West a distant of 306.99 feet to a point; Threice leaving said easterly line, North 89°54'26p ~I+est a distance of 340;37 feet ~bo a point on the westerly lane of said Lot ?, Thence following the westerly line of said Lot 7, Narth 00°33'04" Fast a distances of 308.2b feet to a point being the Northwest Corner of said Lot 7; Thence leaving said westerly line North 00°33'04" East a distance of 33.00 feet to a point on the northerly lice of Section 31 and the ceaterliue of E. McMillan Road; Thence following the twrtherly line of~said Section 31 and the centerline of said E. McMillan Read, South 89°4b'35" Fast a distanae of 340.36; feet to the ronvT oi, sEallvl~lNG. f ~ ... L • r••',+,y. 3 ~.~ ~ 4+:il :.!}ti'ara'. .-. .. The above-desccibecl legal aontsies x.dd acres, more or less, subject to all existing easements and rights~f--way, Prepared By: 7be Lend ~ro~ap. lnc. 462 E. Shore Drive, Suite 100 Eagle, id~o 83616 208-939-4td41 208-939-4445 (FA?~ REVI Vql„ BY AAMM nncc M~RIg1AN PU91.lC WORKS tlEi~T. 1 ui :'~ .. - .. s:• -er •. '.nag .. -• f.$~ ..1'-`~1. •~.+ ~.~ -y,? CITY OF MF,RIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • R~cErv~r ~Q~~ 1 ~ ~ Ci ridian ~''' Clffic~f ea'~v r~ ...+~ 1D.'WO '~ . ~ in the Matter of Awezadon and Zoning of 8.95 acres from R'UT to R 8 and R-4 AND Preliminary Plat approval for 22 residential building lob and 3 common lots for Harpe Subdivision, by Larry C. Harpe. Case No(s). AZ-OCr041 and PP-Ob-042 For the City Conned Hearing Date of: November 8, 2006 (Findings on the November 21, 2006 City Council agenda) - A. Findirtga of Fact 1. Heating Facts (see attached Staff Report for the bearing date of November 8, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 8, 2006 incorpor$teci by reference) 3 . Application and Propariy Facts (see attached 3tatlc Report for the hearing date of November 8, 2406 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Utrified Development (`,ode codified at Title 11 Meridiaa City Code, aad all currcnt zoning maps thcrcof. The City of Meridian has, by ordinance, established the Impact Area aad the Amended Campreheesive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Cade § 11-SA. CITY' OF MERIDIAN FINDWGS OF FACT, CONCLUSIONS OF LAw AND DECISION 8t ORDER CASE NO(S). AZ-06-041 and PP-06-042 4. Due cmnsideration has been given to the comment(s) received from the governmental subdivisions providing ;cervices in the City of Meridian Planning jurisdiction. S. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached cronditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff ]report for the hearing date of November 8, 2~6 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such r~uirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated August 23, 2006 is hereby conditionally approved; 2. The following modifications to site specif c conditions were made at the City Council hearing: a. Tbat Lot 13, $loek 1 be annez~l and zoned as R-4 3. The site specific and steadard conditions of approval are as shown in the attached Staff Report for the hearing dato of November 8, 2006 incorporated by refercuc;e. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (l) year of the combined preliminary and final plat or short plat. Ja the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary Plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without rosubmission for preliminary plat approval. Upon writtcn rcquest and filed by the applicant prior to the termination of the period in accord with 11-6B- CITY OF MERiD1ATT FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORbER CASE NO(S). AZ-06-041 and PP-08-04Z ?.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as detearmined and approved by the City Council may be granted. 'UV'ith all extensions, the Director or City Council may r~uire the preliminary Plat, combined preliminary and final plat or short plat to comply with the current provisions of Mexidiaa City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the properly shall be rcquired to go through the pXaiting procedure again E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (a8) days after the final decision concerning the matter at issue. A request far a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6821 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (2$) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date ofNovember 8, 2006 CITY of MERIDIAN FINDINGS OF FACT, CONCLU510N5 OF LAW AND DECISION & ORDEk CASE NO(S). AZ-06-041 sad PP-06-042 • M By action of the City Council at its regular meeting held on the 2l '~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED~_~~~A.. COUNCIL MEMBER JOE BORTON VOTED_ ,~~0~,, COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~~C~,~,.- COUNCII. MEMBER KETI'H BIItD VOTED_ f~~-~' TIE BREAKER MAYOR TAMMY de WEERD VOTED ~~ MAY4li.~~ de WEERD ATTEST: ~'~ ~~``````,`{ ',,'''''~~''i .-' ~o - S~~L - T.IAM G. $ERG, JR., LL~tK ~ ,~~ . C~, r ysS . ,{~ ~• CO 9E7'VCd '~' ~~, PY upon: ~ Applicant '~b~~~~n~i nw~s`~~~` Planning Department /~ Public Works Department -~ City Atbomey aY~ h1! D Dated: I l "o'la'C)l0 City Clerk's Office ' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-041 and PP-06.042 C11Y OF MlrltiUlAN PLAl~ip DEPARTME)`1T STAFF REPORT FOR THE ~ttdNG DA'!~ Uk NUVEMEBk 8, 2006 STAFF REPORT Hearing Date: 11/8/2006 TO: Mayor and City Council TROM: Jostle Lucas Associate City Planner Meridian Planning Department 8845533 SUBJECT: Hatpe Subdivision ~ AZ-Ob~41 Annexation and Zoning of 8.95 scree $+om RiTT (Ada County) to R 8 (Medium Density Residential) zone • PP-06-042 Preliminary Plat of 22 single-family building lots and 3 common lots on 8.95 acres ><un a proposed K 8 zone 1. SiJNIlVlARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Larry C. Harpe, has applied for Annexation and Zoning (AZ) of 8.95 aares from RUT (Ada County) to R 8 (Medium Density Residentiat) and Prelimitrary Plat approval of 22 single family residerrtial, lots and 3 coxmnon lots for Harpe Subdivision. The site is located on the south west corner of the intersection of Locust Grove and McMillan Roads in Section 31, Township 4 North, Raage 1 East, and is currently referenced as Assessor's Parcel Numbers 505311101 S 1 and 81608650180. 2. SUMMARY RECONIlVIENDATION The subject applications (A2-06-041 and PP-06-042) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the zequested Ann®xation and Zoning and Preliminary Plat applications. The Meridian Planning and Z~+*+i*++~!' Commission heard these item(s) on Aueust 31,, 2006 and October 5 2006 At tie OcXol~ Sm llublic hearing thev moved to recommend atroraval a. Snmmarv of Comnuiss~lon Pablic Hea~ng: i. In favor: Van Elg ii. I~apFosition: Nine iii. Commenting: None iv. Vyrittcn tcs~imony. Oliver Palmer v. Staffpg apglicatioA: ustin Lucas vi. Other a+Aff commentin~on aEpplication~ Ca1e1, N.w,d Bruce Freckleton b. Kev Issas of,~ Discgssfgn by Conuan~tssfon: i. - Overall density of the subdivision: u. -Future denstq+ of Lot 13 Block 1 (large lot the will retain an existing liome) c. Rev Commission Changes to 5tail'R_ mmendaidton: i. - Development Asreement limiting Lot 13,~#31ock 1 to R-4 density for any future subdivision d. ~g Issn~City Couutcia: i. -None liSTpO Subdivision AZ-O6-041, PP-0(i-042 PAGE 1 CITY 4F MERIDIAN PLA~iG DEPARTMENT' STAFF REPORT FOR TIC ~tlNG DATE pF NOYEMIiBR 8, 2Wb 3. P1t4POSEl1 MOTIONS Approval After considering all staff, applicant and public testimony, l move to approve Fife Numbers .A.Z- 06-041 and PP-06-042 as prated in the staff report for the hearing date of November 8, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After Considering all sta>~ applicant and public testimony, I move to deny to the File Numbers AZ-06-041 and PP-06-042 as presented during the hearing on November 8, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat r~ues~t.) CQntint>ance Ailer considering all staff, applicant at~d public testimony, I move to c:antinue Pile Numbers AZT-041 and PP-Q6-042 W the heazin~ date of (insert continued hearing date here) for the followi~ reason(s): (State specific reason(s) for a cotminuance.~ 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 471 S N. Locust Grove Road Section 31, T4N, R1E b. Applicant / Ownea: Larry C. Harpe 1092 W. Shearwater Eagle, ID 83616 c. Representative: Vas Elg, The Land Croup, Iac. d. Present Zoning: RLTT {Ada County) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: He[pe Subdivision AZ-06-041, PP-06-042 PAGE 2 CP!'Y tlK MERIDIAN PI.A~TG DEPARTMENT STAFF REPORT FOR TFBt RING DATE OF NOVEMEBR 8, 2005 1, Date of Preliminary Plat (attached in Farbibit A): August 23, 2006 2. Date of Laadscapo Plan {attached in Exhibit A): July 25, 2006 g. Applicant's StatemendJustification: As discussed with planning staff this property is being submitted without a comprehensive map amendment because with the approval of the allowed step up in zoning from low density to mediinn density zoning t$e property will remain in conformance with the identified comprehensive plan density. In addition, the 22 proposed lots will be considerably larger than the lots in adjacent developments. S. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title l l , a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: August 14th, 2006, and August 28th, 2006 (Planning Commission}; October 16'~ 2006 and October 30'~ 2006 (city Cs~'uncill d. Radius notices mailed to properties within 300 feet on: August 4~, 2006 (P Commisssian); t~cta _ 13®. 2006 tCity Council e. Applicant posted notice on site by: August 21°x, 200G (Planning Commission); October 30~'_ 2006 (C~ Council) 6. LAND USE a. Existing Land Use(s): Rural Single Family Residential b. Description of Character of Surrounding Area: A mix of single family residential uses and county land. This area is rapidly transitioning from Waal to urban. c. Adjacent Land Use and Zoning: 1. North: Rural Residential, zaur~ RUT (Ada County}. 2. Ernst: Future School site within Settlement Bridge Subdivision, zoned R-4, 3. South Havana Creek Subdivision, zoned ltd 4. West: Rural Residential, zoned RLTT (Ada County), d History of Ptvevious Actions: N/A e. Fisting Constraints and Opporhmities: 1. Public Works Location of sewer. 't'here is a sewer main stubbed to this property Exam Havasu Subdivi~on to the south. Location of water: There is a water main stubbed to this property from Havasu Subdivision to the south issues or conceIDS: None. ~. Vegetation: N'/A Harps Subdivision AL-UG-U41, PY-06-042 PAGI~ 3 CITY OF MERtbIAN PL~(; DEPARTi~NT STAFF RI;FOIt!' FOR THI~RING DATE OF NOV>~MF~R 6, 2006 3. Floodplain: NIA 4. Canals/Ditehes/Irxigation: The Lcmp canal runs wodcx the intersrction of McMillen and Loco®t Grove roads adjacent to this site. S. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 8.95 acres f. Subdivision Plat Infornoa~tiio~n: 1. Residential Lots: 22 2. Non-residontial Lots: 0 3. Total Building Lots: 22 4. Common Lots: 3 5. • Other Lots; 0 6. Total Lots: 25 ~. (?pen Lots: 0 8. Residential Ara: 8.95 acres 9. Gross Density: 2.45 units per acre 10. Lot Sizes: Lot sizes range from approximately 7,532 square feet to 8,9x5 square feet with one large lot of 89833 square feet. g. Landscaping: 1. Width of strut lnlffer(s): 25 feet along Locust Curve and McMillan Roads. 2. Widt$ of buffer(s) between laud usos: N/A. 3. Percentage of site as open space: 0.85 acres (9.9%) 4. Uther landscaping standatds: Landscaping adjaceffi to micro-paths should wmply with UDC 11-3B-12. h. Proposed and Required Non Residential Setbacks: As per the R-8 zone for single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from an existing stub street, N. Bright Angel Ave, provided from Havasu Creek Subclivisiun. Havasu Crr~k currently has appruvrcl tlirtx;l awts,s fruux Locust Grove Road. A stub street and driveway will be provide to the large lot that contains the existing home. This lot will abandon its access to McMillan Road. Aaother stub street is provided to the property to the west that includes an emergency vehicle turnaround. In general staff is supportive of flue roadway design. 7. CONIlVIENTS MEETIATG On August 11, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Y Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attache Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS ]~IsTpp $ubdivisioll A~06-041, PP-~G-04Z PAGE 4 CITY OF MERIDIAN PLE~NG DEPARTMENT STAFF RSP'ORT FOR 7'HC3 DATE QF NOV$MEHR S, 2006 'I'bis property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (,see page 95 of the Comprehensive Plan.} The proposed Preliminary Plat includes ZZ residential building lots on 8.95 acres for a gross density of 2.45 dwelling units/acre. Although this proposed density i$ consistent with the "Low Density Residential" designation it is important to note that the applicant is requesting an R-8 zone which is designed to accommodate medium density developments. This zoning would allow the large lot that contains the existing home to re- subdivide and develop lots in the future that are only required to meet the R 8 standards. If in the future this large lot is subdivided and developed with similar lots as proposed in the current subdivision the gross density for the entire area could reach up to 3.7 units per acre, Even if the scenario above played out the potential gross density is still in general compliance with the Comprehensive Plan because of the "step up" provision, This provision described on the Comprehensive Plan Future Land Use Map allows for the city to consider other residential densities than those shown ota the future land use map as long as the proposed density is with in one "step" (low to medium) of the density shown on the map. Due to this flexibility staff finds that the proposed. developwent is in general compliance with the Comprehensive Plan.. The following Comprehensive Plan policies apply to this application: Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the Ciry established i~ Area of City Impact, it planned to provide Ciry services to the subject property, The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sunltary sewer and water service will be exte~uled [v [hrc prujrc[ ud [he deveduper's expense, • The subject lands currently lie within the jurisdiction of the Merddiari Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian Giry 1~Ire Department, who curently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sher~"s ~4ce. Orica annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands one currently owned and maintained by the Ada County Highway District (ACHD). This service wilt not change. • The subject lands are currently serviced by the Meridian School Dis[~'ct #2. This senrirae will not change. • The subject lands are curreritty serviced try the Meridian Library Distrcc[. This serv[ce will nod change and the Meridian Library District should sujfer no revenue loss as a result of the subject annexation. Muntcipal, fee-supported, services will be provided by the Meridian Building Deparhnent, the Meriduui Public Works Department, she Meridian Water Department, the Meridian Wastewater Department the Meridian Planning Deparbnent, Meridian Utility Billing Services, and Sanitary Services Camparry. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" floor the National Center for Bicycling and Walldng in all land use decisions. Harpo Subdivision AZ-Ub-(14I, PP-U6-114 PAGE 5 CITY OF MERIDIAN Q DEPARTMENT STAFF REPORT FOR THE~RING DATE OF NOVEMEBR 8, 2006 This publication encourages jurisdictdons to estabdish bikeway and walkway (acidities in new consEruction and recon~stivction projects, in a manner that is safe accessible and convenient. Sta,~"believes that the subject applicatwns comply with the policies l~rted in the literature noted above. • Chapter V7, Goal II, Objective A, Action 5 _ $equire pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community Pathway system. Sta,,~`' is supportive of the proposed pede>ctrian connection to AY~ldan Road and Locust Grove Road via the proposed mleropaths, as well as she ezte»sion of the stub street provided from the south which wild provide far pedestrian connectivity with the Havasu Creak Subdivision. Chapter VII, Goal IV, Objective C, Action 1 -Protect fisting residential properties from incompatfble land use development on adjacent parcels. The applicant is proposing a residential zone. Sta,~`jinds that the surrounding developments are compatible with the proposal. • Chapter VII, Goal lV, Objective C, Action 1Q - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartmems, condominiums, etc.) for the propose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zoning designation. The subject property as located adjacent to lands zoned R-4. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this site considering that the appdteattt is requesting a step ap in density. • Chapter VI, Goat II, Objective A, Action 6 -Require street conn~tions between subdivisions at regular intervals to enhance connectivity and better traffic flow. Two stub streets wild provide cross-access with the properties to the west when they devedap. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A 2 lists single-family developments as a Permitted Use in the R-8 zone. b. Propose Statement of Zone: The purpose of the residential districts is to provide far a range of housing oppa~tunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water stud sewer systems is a req~>;*~*+~±± for all residential districts. Residential districts are distinguished by the allowable density of dwelling orate per acre amd cornespomding housing types that can be arxommodated within the density range. 10. ANALYSIS a, Analysis of Facts Leading to Staff Reeomme~ation Haipe Subdivision AZ-Ob-04], PP-06-042 PAGE 6 CITY' OF MERIDIAN PLt~a DEPARTMENT STAFF REPORT FOR ARI]VG DATE OF NovEME~R S, acro6 A~TEXATION AND 7ANIN ALY IS: Based on the policies and goals contained in the Colt~rehensive Plan, staff believes that the requested R-$ zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on rime ].S, Z(>116, by Dennis Lewis, PLS) shows the property as contiguous to the existing caxporate boundary of the City of Meridian. ' Considelations- ~lopment Agreement i mr 1 t _5B-3 D 2 d Idaho Codes 65-6711A provides the Cwt the authoaty to reauinr a v owner to enter iuto a Develot~meut Agreement wx the Ci some mmitment for all future uses Staff b~heves that a DA ner.~aarv ro eansure that this PmP~ped in a fashion that i,~consistent with the comprehensive plan designtat' nand does n t negatively impact nearby pronertles Prior to the exation ordinance approve], a Development Agreement FDA) shall be ent~eai into between the City o Meridian. ~roperty~~m~r t tl,e of annexation ordinance adoption) the developer The applicants ccintart the C .~eY. B~ Nan-s at 888-4433 to initiate this m~ocess. The DA hai] in tc o ---.__ • '1' tall future uses shall ne_R involve uses rtivities ~Penent and condLtions of o on that w111 ~A mateTlaL4. ~~ detrisueLts+l, lu,~u1 i>ensons property or the t#anerai welfare by reason of excessive productton of tra$'ie noise smoke..~nes, glare or odors, • That all flrnlre development of the subj s]~]] be constructed m Ci of Meridian ordinances in effect at the, ime of deve~psl3~^ • That the applicant will be R'b ,for all costs~ssc-ciated with the sewer and water service extension. • that any existing domestic wells aadlor septic systems t ;s g~ject will have to be removed from their domestic service per City ice Section 5-7-517 when services are av ' ble from tho~City of Meridian. WeL1s may be used for non-domest~]c purposes such as lan~pe irrigation. • th ollo allowed uses on this ro single-family detached homes and allowed accessory uses of the R 8 zone, • I~Dti~D9. end ~ no me.xa for hi• ronarh- that d --~~s~~~em ~~, ~D~Ct the ~uneitiaDDroved ztiminv far this ronerty. id 1 ! d~ .rintlonQ ehsil be anhDLitred t0 the PlanninS Department far revievn And • mat prior to issuance of airy building_pe~rmit. the subi ®ot ~o~ty be subdivided ztn accordance with the City of Meridian Unified Development Code. Herpe Snbdivieiae AZ-06-041, PP-06.04a PA(iE'7 CITY OF Mh'RiDiAAT p1.A1~TG DEPARTMENT STAFF REPORT FOR lId? ~.RINfi DATE OF NOYENlESR 8, 2006 PRELI1VII11TAR'Y FLAT AIrTAL3~SIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the ptopo~al with the Unified Develpment Code, staff believes that this is a good location fat the proposed au-glC-family residential development, Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. S' e: Ten of the proposed lots in flue subdivision exceed 8,000 square feet. The rn*na±rina 12 lots all exceed 7,Sp0 square fe.~. Theme lot Ri~.ea are cnmisarable to the neighboring subdivisions which have lots that range from 7,500 to 9,500 square feet. ~n~dsc ~m~: The landscape Plan prepared by 'lhe Land Group, on 7-25-06, is approve8 with the following modifications/notes: . • Per UDC 11-3G-3B5 parkways that are used as common open space shall be a minimum of eight feet wide from s~eet curb to edge of sidewallc and contain one claw two wee for every 351inear feet ofparkway. • The proposed micro pathways that connect N. Bzight Angel Avenue to McMillan Road and Locust Grove Road shall be constructed in accordance with UDC 11-3A 8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11-3B-12 including the requirement for one deciduous tree per 35 linear feet of pathway. • Per iJpC 11.3G-3A, ~ aside at least 9.9% (0.85 arses) of the site for useable open space, aS proposed. • Pet UDC 11-38-10, the applicant should work with the City Arboris~, Elroy Hui on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified muserymaa responsible for the landscape plan. All standards of installation should apply as listed in UDC l 1-3B-14_ Submit copies of a revised landscape plan, reeding the changea/natec mentioned above, with the final plat application(s). Common Areas ! Uoen Space: The applicant has provided 0.85 acres (9.9%) of landscaped open space, meeting the 5% minimum required by UDC 11-3G-3A-1. The majority of the open space is passive in nature and provided in the form of landscaped parkways. The applicant is also proposing some open spacelcommon area along taro micro pathways. Maiatcnancc of all common areas shall be the responsibility of the Harpe Subdivision Homeowners Association. Pressure Yr~ri ag_tion: The City of Meridian requires that pressurized irrigation systems be supplied by a yar-round source of water. 'The applicant should be required to utilize any existing surface or well water for the primary arourc:e. If a surface ur wCll awurce is not available, asingle-point conaection to the culinary water system shall be required If a single point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Hatpe 5ubdivi~on AZ-06-041, PP-OG-042 PAGE 8 CITY OF MBRIDIAN PLA~NG DEPARTMENT STAFF REPORT FOR TNE~RING DATI? OF NOVEN[EBR 8, 20Q6 Stub Streets: The applicant should be required to provide public stub streets to Lot 13 Block 1 of the proposed subdivision and to the wood properly to the west (Parcel #81608650150) as proposed, F~istine Residences/Buildines: The site cwrently contains multiple buildings. The existing buildings span across proposed lot lines and do not meet setback requirements of the requested zoning. Therefore, aU existing buildings sb~all be removed/re-located. in accordance with the building setbacks of the R-8 zone, prior to signature of the $nal plat by the City En~eer. ~~e genc~y~lticle Turnaround• The current design of the eul-de-sac at the north eud of N. Bright Angel Avenue does not meet Fire Department standards for an emergency vehicle turnaround. The applicant should wank with the Fire Departmern to ensure that the eul-de-sac or possible ait~ative meets Fire I)ep~artment standards. F No perimeter fencing ig shown on the preliminary Plat or Iandscape plan. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fenciag should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing ad~jae~ent to all muicro pathways is also required, and is shown on the landscape plan. All fencing shall be installed in accordance with UDC 11-3A 7. Ditches. ~erals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exoluaive of nahual waterways and waterways being used as ar~.cnities, whicb~ intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Based on the above analysis, staff finds that applications ATr05-0a 1 and PP-06-042 substaAtially conform to the Comprehensive Plan policies and UDC staoddards, Staff recommends approval of said AZ and PP applicationas s~ubjex:t W the wnditions listed in Exlu'bit B. Tlg~ iMeric)ian P a„ninu and 2~„ing Commission heard these items on August 31 2006 and ber 5 2006 At the public h the Co ~ssion moved t® commend approval. 11. E1~IT5 A. Drawings i. Preliminary Plat (Dated: August 23, 2006) 2. Landscape Plan (Dated: July 25, 2005) B. Conditions of Approval 1. Plantring Department 2. Public works Department 3. Fire Department 4. Police Departm~t 5. Parke Department 6. sanitary service company Harps Subdivisi~ A?r0~041, PP-t16-042 PAGE 9 CITY OF MERIDIAN PI.A~+T© DEPARTMENT STAFF REPORT FOR THERING DATE OF NOYFMEBR $, 2006 7. Ada County ~Iighwsy District 8. Ccatral District ~Icalth Dcpartrncnt C, Legal Desaiptian (nat a~rov«il D. Required Findings from Zoning Ordinance ~ 5ubdivision AZ-06-041, PP-06-042 PAGE 10 CITY OF MERIDIAN PL~Nl31)EPAR7MENT STAFF REPORT FOR T~I~itIN(i 1)Al'1r OF NOVEMEBR 8, Z~6 A. Drawings 1. Preliminary Plat (Dated: August 23, 200 ~~~ ~ ~ ~ ~ ~~~ ~ ~~ i ~ a NOISWC18f1S 3d~/H ~ ';rz- ~ ~ 'N •~ ~ Q 6 ~ ~ ~ ~ • ~ L i ~ ~8i~oil~lt~~ slier v ~ j. ~- ~ ~~ ~W4~ ~ ~~ ~ ~~ Y ' 0 0 ~ ~ ~~ s I! ' i ' ~ i ~~ J811701 i/'-' ~ . ~ ~ ~ - ' ~ ~~~~1~~ ~ _$~, a , ~~ _ 2 1 ' ~ 1 ~~ 1 1 , i 1 ~ 4 ~ ,.. s•..i .. .~ °~ q.' ~_._ ~ :fir + ~ _ .t ® Q .. .... 1 Exhibit A CT1Y OF MERIDIAN PLA~iG DP,PARTMENT STAFF Rbl'ONl' FOR THE~RING DATE OF'N'OV,F~BR 8, 2006 2. L~adecspe Plan (Dated: July 25, 20Q~ Exlu'bit A GTIY OF MERIDIAN PLA~NG DEPARTMENT STAFF REPORT FOR THE~RIlVC~ DATE OF NOVEME$R 8, 2008 B. Conditions of Approval 1. PLAI1TNIIVG DEPARTMENTJ' 1.1 ANNEXATION CO1VIlVlE1~iTS 1.1.1 The amtexation Iegal description submitted with the application (prepared on June 15, 2006, by Dennis Lewis, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Any fiuiue subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the tune of submittal. 1.1.2 Prior to the annexation ordinance atrorov~, a Development As7re~nent.~DA) shall be entered into between the Citv of Meridian. rnoberN owacr tat the time of anncxation ordinance adoptive) and the_ devel~The apolicant shall contact the City~A t~c~ya Bill Nary, at 888-4433 to initiate this 1.2 SITE SPECIFIC REQLIIltEMENTS--PRELIIvIIlVARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1, prepared by The Land Crroup, dated August 23, 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-041) sad any future development agreement stall, also be considered conditions of the Preliminary Pleat (PP-06-042). 1.2.2 The landscape Plan prepared by The Land Group, Inc., on July 25, 2006, and labeled Sheet L1.0 is approved with the following modifications/notes: • Per UDC 11-3G-3H5 parkways that are used as common open space shall be a minimum of eight feet wide from stmt curb to edge of sidewalk and contain one class two tree for every 351mear feet of parkway. • The proposed micro pathways that connect N_ Bright Angel Avenue to McMillan Road and Dust Grove Road shall be constructed in accordance with UDC 11-3A-8. AU landscaping adjacent to the pathways shall meet the requirements outlined in 11-38-12 including the requirement for one deciduous tree per 351inear feet of pathway. • Per UDC 11-3G-3A, set aside at least 9.9'/0 (0..85 acres) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant shall wank with the City Arborist, Elroy Hu#f, oa d~igaing, adopting, sad implementing a protection and mitigation plan far the existing trees on site. • Provide a copy of the updated landscape plan showing the changes made to the preliminary Plat with the final plat application. • A written certificate of completion should be prepared by the landscape architect, dcsigncr, or qualified nurseryman respoasnblc for the ]fandscapc plan. All standards of installatia~n should apply as listed in UDC l 1-3H-14. The landscape plan is not to be altered without approval of the PlaYming and 7.oning Department. No field changes to the latulscape plan are pemsitted. All standards of installation shall apply as listed in UDC l 1-3H-14. Submit a landscape plan, refleexing the changes/notes mentioned above, with the final plat application(s). 1.2.3 Provide public slob streelz~ w I.ot 13 Blexk 1 ur the prupoeuxl a~ubdiviaiuu and lu the Wood property to the west (Parcel #81608650150) as proposed. 1.2.4 All buildinffis that span across proposed lot lines, or ~ not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City ErAgiaeer. Y:xhibit B G~TY OF M~LDIAN PL~Nti DBPA1iTM~NT STAFF RbPORT FOR TN)~A[ttN(3 DATE OF NOVEME$R S, 2~6 1.2.5 The current design of the cul-de-sac at the north end of N. Bright Angel Avernu~e does not meet Fare l7epartment standards for an emergency vehicle turnaround. The applicant shall work with the Fire Departmem to ensure that the cul-de-sac or passible alternative meets Fire Departnnent standards. 1.2.6 ACI3D is requiring that an access easement be placed across all of Lot 2, flock 2 for the required temporary emergency vehicle turnaround. Prior to signature of the final. plat the applicant shall work with staff to determine the most elrix;tivtl way to address this easement and ensure that Lot 2, Block 2 remains a non build lot until the stub street is extended, 'This lot shall be maintained weed &~ until the easement is removed and the lot is developed. 1.2.7 Maintenance of all common areas shall be the respoansiibility of the Harps Subdivision Homeowners Association. 1.2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, eroas or lie within the area. being subdivided shall be covered. Plans will need to be approved by the appropriate isigation/drainage district, or lateral users association (ditch owners), with written approval or non approval submitted to the Public Works Departm~t prier to construction plan approval, if lateral users association approval cannot be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.3 GENERAL REQiTlREMENTS~FRELlM7NAl1rY YLA I' 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC. 11-3A-17. 1,3.2 The applicant shall comply with the outdoor lighting standards shown in UDC l l-3A 11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a sitxgle'point connection to the culinary water system shall be required. ff asingle-point connection is utilizers, the developer will be responsible for the payment of assessments for the ea~mmon areas prior to signature on the f nal plat by the L'ity kngineer. An undergrowxt, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1 28. 1.3.4 A detailed landscape Plan, is coa~liance with the landscape and subdivision ordinance, and as noted is this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plea and where staff has reviewed such plan, the landscaping sha11 be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If ~t fencing is not Provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed izi accordance with UDC 11-3A 7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivale~ number of caliper inches of trees that were removed. Required landscaping trees will not be wnsidered as replacxment trees fur lhve~ lrts~ that have to be mitigated. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved atjnexatian/conditional use does not relieve the applicant ofresponsibility for compliance. Jrxhibh l3 CITY OF MERIDIAN PLA]~TO DEPARTMENT STAFF REPORT FOR TIC d DATE OF NOVEMEBR 8, 20x6 i_3.$ Preliminary plat approval shall be subject to the expiration provisions set forth in I7DC 11-GB-7. Z. Pvszac wonxs DI~AR~rm~NT 2.1 Sanitary sewer service to this development is being proposed via extension of ~oaaiuus installed in Havasu Cr~k Subdivision to the south. The applicant shall iraastrall mair>s to stud through this development; applicant shall coordinate main size and routing with the public Works f~, and execute standard forms of easements for any mains that are required to provide service. Miaiamum cover over sewer mains is feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Havasu Creek Subdivision to the south. The applicant shall be reclmnsible to install a-ater mains to and through this development, coordinate main size and muting with Public works. 23 Any potential reimbursement agreements must comply with all requirements of C;ityC:ode +~-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable Pipe) being finalized prior to construction plan approval. The detailed agreennent with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 The applicant has not indicated the pressure irrigation system in this proposed development is to be maintained as a private system, therefore plans and speci5c~tions will be reviewed by the Public Worlds Department as part of the construction plan review. A "draft copy" of the operations and maiystenat~ manual will he required prior to plan approval with the "final draft°' being requited prior to final plat signature on the lad phase of this project. 2.6 The City of Meridian requires that pressurized irrigation systems he supplied by a year-round source of water (UDC 11-3A-6~. ?he applicant should be required to use any existing surface or well water for the primazry source, If a surface or well source is not available, a single--point connection to the culinary water system shall he required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final. plat by the City Engineer. 2.7 All existing houses that are to remain on site shall be required to connect to City services. The applicant shall be responsible for the payment of assessmens prior to signature an the final plat and the actual physical connection to the services prior to issuance of Certificates of occupancy. 2.8 Price to signature on the final plat tba: applicant shall vacate the easements that ware dedicates along the iiiterior lot line of the original Crestwood Sulxlivision. 2.9 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation rc;yuiremsrnt and Gowply with all landscape retl»i men g, 2, I 1 Additional width to the public utilities, drainage and irrigation easement alongtheright-of way shall ba; dedicatrnl why the sidewalk iaz locattxl past thcs righl~f--way. TIaG aelcliliowEtil width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.12 Any existing domestic wells a:xd/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1.4 and 9.4-8. Wells may be used for non domestic purposes such as landscape irrigation. .Exhibit H CITY Uk ML~RiDIAN PL~NO DEPARTMENT STAFF REPORT FOR 7FIE~i9~RING DATE OF NOVEA~BR 8, 211(16 2.13 Per UDC 11-3A-6 all irrigation ditch, laterals or canals, exclusive of natural waterways, that iatetsect, cross or lie within the area being subdivided shall be covered Plans will need to be approved by the appropriate irrigation/drainage district, or lateral assts association (ditch owners), with written approval or non approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can sot be obtained, alternate glans will be reviewed and approved by the City Engineer. 2.14 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, mad base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrip~ation, sanitary sewer, water, etc., prior to signature on the final plat. 2.16 All development improvemeaats, including but not limited to sewer, fenci>ig, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works developmert plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 It shall be the responsibility of the applicant to ensure that aU development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application sad compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and cliaace with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or oar sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads reeving enged backfill, wheeoe footing would sit atop fill material. 2.23 The engineer shall be required to certify that the stt~eet centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hur-dred watt, high pressure sodium streetlights, an 25' pole shall be required on all public residential streets. Two-hundred and SRy watt high pressure sadtum streetlights, on 30' pole shall bo required on subdivision entrances and collector roadways. Design. of the streetlights shall be approved by the Public Works Deparanent. Decorative lights require a• streetlight agreement on file with Public Works prior tq activation. All stY+atlights shall be installed at subdivider's expense. Typical locations era at street intersections andlor fire hydrants, and no further than 400' distance in between locations. Final design l~atioas and quantity are determined after power deigns are completed by Idaho Power Company. The street light wntractor shall obtain approval from the Public Works Department, and permit frrnn Building Department prior to commencing installations. 3. FIItE DEPARTMENT 3.1 One and two family dwellings will require a &+e-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrate shall be placed an average of 500 feet apt. international Fire Ccxle Appendix C. Exhibit H QTY OF MERmL4N PLA~TG DEPARTMENT STAFF RirPORT FOIL THE~Tt3 DATE OF NOVEMEBR 8, 2006 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval a:f the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %:" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spceificatioms. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstnartiosls to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway grceter than 150 feet in length that is not provided with an outlet shall be required to have an approved tutu around. (The proposed cu1~e- sac at the na4th sod of N. Bright Angel Avenue dogs not meet the turnaround requirements) 3.5 All entrance and internal roads, alleys, and culde~.saCs shall have a torquing radius of 28' ixstide and 48' outside radius. 3.6 ,All common driveways shall be straight or have a tutning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 t~perational fire hydrantsa, temporary or p~noane4t street signs and aces roads with an all weather surface are required before combustible construction is brought on site. 3.8 The proposed 22-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 64 residents at build out. 3.9 All porlians of the buildings locked on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.10 Wb~ere a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in atxordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R 3 and Group U occupancios, the distance requirement shall be G00 fioq, (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.12, the distance requirement shall be G00 feet (1$3 xn). 4. POLICE DEPARTMENT 4.1 .All interior fencing shall allow viability from the street or shall not exceed four feet in height if solid fencing is used. 4.2 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the public street. 4.3 The shrubbery along the micro-pathways shall not exceed two feet in height at maturity. 4.4 The southern terminus Of the proposed micxo-pathway connc~ct~tg to McMillan road shall tie Exhibit B CITY OF 11gERIDiAN PLA~TG DEPARTMENT STAFF REPORT FOR THBG DATE OF NOVEMEBR s, aQ06 directly into the sidewalk along North Bright Angel Avenue. $. PARKA I?RPARTMEIV'Y' 5.1 Standard for Mitigation of Trees: The standard established in the Ciiy of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (17DC 11-313-10) will be followed 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COI>rT1'Y gIGHWAY DISTRICT (DRA>E'T CONIlNENTS RF.CF,IVED ON $/21/06) 7.1. S1TE SPECIFIC REQUIRE1V1Er1TS 7.1.1 Construct the internal streets as 33-foot stream sections with rolled curb, gutter, and 8-foot planter strips within 50-feet ofright-of--way; and 5-foot detached concrete sidewalks within am easement; and obtain fire department approval for the reduced street sections. 7.1.2 Construct the stub street to the west approximately 160-feet north of the south property line as the internal street section. This str~ should be signed as follows: "THIS STREET WILL BE EXTENDID IN THE FUTURE." 7.1.3 t".onstrtrct the second proposed stub street to Lot 13 of Block 1, located 165-feet south of the north property line as the internal street section, with a fully improved turnarour~ at the terminus (utilizing a minimum turning radius of 45-feet). ~Vheae the right-of--way ends at the properly line, the applicant should install signage stating. "THIS STREh~' WILL BE EXTENDED IN THE FUTURE." 7.1.4 Obtain fire depar~rnent approval for the use of the temporary emergency truaaround on Lot 2 of Bioek 2, and prnvide the easement across the entire lot prior to signing the final plat. 7.1.5 Construct a 5-foot concrete sidewalk located no closer than 2-feet off of the right-of-way line (back of walk to ROW) for McMillan Road. If the sidewalk is located outside of the rig1it-of-way, the applioant should provide a sidewalk easement. Any existing driveway access to McMillrua Road should be closed to match improvem~rts; thereby restricting all of the site's access to the interval.str~ts. 7.1.6 l~icate 45-feet of right-of--way from the centerline of McMillan Raad from the west property line to 335-feet east of the west property line by means of a warranty deed The firontage on McMillan Road from 335-feet east of the west property line to 435-feet east of the west property line should taper to 59-feet from centerline; continued to the irrtersection with. Locust Grove. Note: The original proposed right-0f-way for McMillan Road is to with the exception of the location of the taper. The taper length is accurate, however it should begin 100-feet from the inters®ction rather than the proposed 80-feet. This will shift the starting point and ending point of the taper 20-feet to the west, as noted in the diagram below. 7.1.7 Construct a 5-foot concrete sidewalk located no closer than 2-feet off of the right-of-way line (back of walk to ROW) for Locust Girove Road. Tf the sidewalk is located outside of the right-of- way, the applicant should provide a sidewalk ent. Any existing driveway access to Locust Grove Road should bG closed W match improvements; thereby restricting all of the site°s access t0 the rrrternal Streets. 7.l .8 Dedicate 35-feet of right~f--way from the centerline of Locust C3rove .Road abutting the parcel by means of a warranty deed, and dedicate the northeast property corner (chamfer the radius) to facilitate the construction of improvements for the planned signalized inter:aection (see attached Exhibit B CT7'X OF MERIDfAN PI.Ai~TG DEPARTMENT STAFF iiE.l'ORT FOR THE G DATE OF NOVEMEBR S, x008 diagram). The exact design of the corner should be detaminah by the District Development Review. 7.1.9 No throat lot access may be taken from either Locust Grove Road or McMillan Road. 7.1.10 Gomply with all Standard Conditions of Appmvral. 7.2 GAR Ai _ REQLfIRE1V1ENT5 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACIID roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 3R7-6280 (with file number) for details. 7.2,5 Comply with the District's Tres Planter Width Tnterim Policy. 7.2.6 CJtility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the iistrct's Utility Coordinator at 3R7-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services proc:ediues and, all applicable ACFID QrdiAaaces unless specifically waived herein, An engineer registered in the State of Idaho shall prepare and certify all impmvenneat pleas. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes_ 7.2.9 Construction, use and property development shall be in conforanance with all applicable requirements of the Ada t^.o~mty Highway T~strict prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction is accordance with Ordinance #200, also lmowa as Ada County Aighway District Road Tmpact Fee Qrdiaaace. 7.2.11 It i8 the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACl3D shall repair existing utilities damaged by the applicant. The applicant shall be required to ca11 DIGLINE (1-800-342.1585) at least two full business days prior to bregking ground within ACRD right-of--way. Tho applicant shall contact ACRD Tira£Sic Operations 387-6190 in the event any ACI3p conduits (spare or filled) are compromised during any phave of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County I~ighway District. 72.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory sad legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the plarmed use of the subject property unless a waiver/variance of said requirements or other legal relief is gtnnted pursuant to the law in effect Exhibit H CITY OF MERQ~t/W PI.A~NG DEPARTMENT STAFF REPORT FOR T~IE~RINa DATE OF NOYEMEBR 8, 2006 at the time the ChaIIge Ill use is sought. 8. SETTLERS' IRRIGATION DISTRICT 8.1 All irrigation /drainage facilities along with their easements must be protected and continue to Rmction. The facility is the Parkins Nourse Lateral. Contact SID for additional irrigation requirementc_ $.~ A Land Usa Change Application must be on file prior to auy approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 8.4 Any changes to the existing irrigation system such a$ relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 8.5 All storm drainage must be retainer on-site. 8.6 A pressure irrigation system must be provided to service all lots with irrigation water. Exhibit B CITY OF MERIDIAN P~IVINO DEPARTMENT STAFF REPORT FOR T~Cr DATE OF JULY 20, 2006 C. Legal Description (not app es a'v ~°~ ,aa CIIIS ~~VO GflOItP. 11f:, R - AP?ROVA June 14, 2006 ar ~~-~ _~ . I-~,njcct No. 060i$ Aaoexanolt Legal Deeuiprion Larry G Hatpe +u~waalt Pusuc e.95 ~~ woa-cs ol~n; ANNSXATIdN I.S(iAI. A react oFLod aittwtal in nc~ Nordteast Ooe Quarter of me Northeast C)ne. Quartar of Section 31, Totvoshlp 4 North, Range 1 Esat, Boise Meridian, City of Meadisq Ada Cottnry Idaho, described m follows: F'.ommmeiag at a fowid 6aass cep suunumenting the Northeast Crttttet of said Stctiao 31 ~ the POIIVT OF BIIGIA'NiTCr. '1'hertce Ealloavaag tha easterly line of seetiee 3l 5ood1001°38rg4" Were n diararcc oF660.0G fat to polag '!'hence North 89°46'38" West s distance of250.00 feet m a Fentnd'h melt steel pin; 1'heace Vorth 84°58'31" bleat a din taaca of 3aU.97 Cea to a pnlnt, Tbrnce Noah 00°93'0¢° l;+aet a ~~~ of 661.18 feet t•o : point on die ~Ottheclp lice of said Section 31; Thence folbwtog the oos@lerly Tint of seetltbl 31 South 89°4b".i5" Rast s dls~nce of 590.36 fact m the PDIN7' Ol? SEGtNNiNG. The above-a~leacp'bod Ie8a1 wntains 5.45 acres, ntvre eu' less, subject td sd existiog casters ~ Nghts-of-wly. ~ I 1'icpared Bp: I Tr3la LANs G>tOUPa INC. `~~Bl 4b2 E. Shore Drivg Suite 100 _~i ~ ~0 83616 ,~ 1 ! 875 2U&939.444s ~~ *r~, _a .'a Q-G~ - ~SwC-~ Fathibit C CITY OF MERiD1AN G DEPARTMENT' STAFF REPORT FOR ~~AR1NG DATE OF JULY 20, 2~6 811UATi=D Nit Tim NGR11~A3T' 114'OF THE NOI~THEABT i/4 OF SECTION 3i TO- 4 NC.1~-~ RAIV~ 1 ~gT. Bdul~, C11Y OF MEF~DIAN. ACA COUNTY, i~AHO e~ aPaR -~~,,,., . ry~ERk11AN PUB a works ~~c~No «~,-~ ~-, $ crw ------- ~ _~ ~ ~~ t~~~ ~ ~~-B?,gam 9d1 ~ ' x,11575 0 • 0 ~ ~~ ~ ®G, _!5-06 ®~~ W 2 esMCIW6Hwaup~voa ~~Cr w=aarnn~ ecru.e:,w,oa ~ ~ ~ rix~ r.nNn GROUT, rNr... EXHIBIT°FI" °~'"'06 3 ANNEXATION PROPERTY Pr~~,,~.~z' ,~.~ ~..= .~~.~...~ , HARPS SUBIS~IISiON ~ x L• ~. Exhibit ~ C1TX OF MERIDIAN F~NING DEP.4R7'MENT STAFF REPORT FOR 7~G DATE OF JULY 20, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Connell shaII make a full investigation and aba0, at the public hearlag, review the application. In order to grant an annexation and/or rezone, the Council shaD make the foDowing fladings: 1. The map ametldme~ complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all oP the subject property to R-s. Council Ends that ~ I~tion of~is site should be annP R-4_ not R_g Council finds that the proposed zoning map amendment crnrtplies with. the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regalations outlined for the proposed district, specifically the purpose statement; Council finds that single-family residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonslratm the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation, 3. The map amendment shaD not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safet3r, or welfare. Staff recommends that the Commission and Council rely on any oral or written tmtimony that may be provided when determinipg this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any polideal subdivision providing public services within the Cfty including, but not limited to, school districts; end, Council finds that the proposed zoning amendment will not result iri any adverse impact upon delivery of c~rvice9 by any political subdivision providing services to this site, as conditioned in the staff report. S. The annexation ie !n the best of interest of ~e City ([ADC 11-Sll~3.~. Council finds that all ess~ial services will be provides by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan; and this is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and 7Aning of this pr~c arty to R-8 ~d R-4 would be in the best inrterest of the Cisy. 2. Prelirxuinary Plat Findings: In consideration of a preliminary plat, combined preliminary and imal plat, or sl;ort plat, the decision-matdng body shall make the followipg $ndings: i. The plat is in conformance with the Comprehensive Plan; Council finds Hutt the proposed application is in aubstanrial compliance with the adopted Comprehensive Plan. Council supports the proposed density and proposed plat layout, Exhibit D ~~ OF ~~~ >~NIIVG DEPARTMENT STAFF REPORT FOR t'~~A,RWG DATE OF JULY ZQ, 2oD6 with recommended changes, as they cosily with the provisions of the Comprehensive Plan Please see C~prehet>sive Plan Policies and Goals, Section S, of the Staff Report. 2. Public services ore available or can be mode available and are adequate to accommodate the proposed development; Council finds that public services can be made available to accommoodate the proposed, duo ~ ent. (See Finding Items 3 and 4 above under Annexation Findings for more 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. 4. There ie pubLtc Snandal capability of suppordAE scrvicos for the proposed development; Staff recommends the Commission and Council rely upon wmments from the public service providers (i.e., Polito, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Commcr~ts and Conditions, for more detail.) 5. The development will ant be detrimental to the public health, safety or generol welfare; and Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should bo brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public tmtimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or enviromnental problems of which staff is unaware. 6. The development preserves sigmfficont natural, scenic or historic #eatares. Council is unaware of any natural, scenic, Or historic features on this site. Therefore, staff finds that the proposed development will not result in the destruction, loss or damage of any natural. scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presentc~l to determine whether or trot the proposed development may destroy or damage a natural or scenic featus~e(s) of major im~rtance of which staff is unaware. Exhibit D I • January 5, 2006 AZ Ob-037 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT Ronald Van Auker ITEM NO. 5-G REQUEST Development Agreement -Request for Annexation and Zoning of 4.85 acres from R-1 to C-G zones for Cope Subdivision -east of Meridian Road and north of Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Development Agreement U' ~ ~1~_~l O ,,,,Q79..~,t_ Date• ~ Phone: ~ ° ~ ~ L~ f ea dQ. ~M ~ ~~n~_ ~ c~M S ff I itials• r-- Matertals presented at pubNc meetings shall become property of fhe City of Meridian. • AOA COUNTY RECORDER J. DA~NAVARRO AMOUNT .00 42 BOISE IDAHO 01112/07 09:24 AM l REECORDED~nRIEOUEST OF II I I ~ Il 11 llll 11 I ~) ~' I (' I I I III I III I ICI Nleridlan Cilq 10705525 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ronald W. Van Auker, Owner/Developer THIS DEJ~~APMIIVT AGREIIVIErTT (this "Agreement', is made and entered into this ` 4f ay of~'~~~, 2406, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY", and Ronald W. Van Auker, whose address is 3084 E. Lanark, Meridian, Idaho 83642, hereinafter called OWNER~DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after refenced to as the Property; and 1.2 WIEIEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the OwnerlDeveloper make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of (C-G) General Commercial District, (Municipal Cade of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & DEVELOPMENT AG1t~+->~_NT (AZ 06-037) COPE SUBDIVISION PAGE 1 OF 10 • Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 3~ day of October, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in fall, hereinafter referred to as (the Findings}; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deems it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVEx.OPMENT AG~1~,EA+ILN7' (AZ o6-037) COPE SUSDM3ION PAGE 2 OF 10 J r: 3.1 CITY: means and refers to the City of Meridian, a parry to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Ronald W. Van Auker, whose address is 3p84 E. Lanark, Meridian, Idaho 83642, the party developing said Property and shall include any subsequent developer(s) or owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned G-G (General Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED EY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Unified Development Code codified as Meridian City Gode Secdon 11-2B-1, which are herein specified as follows: Construction and development of four comnaercral building lots an 4.31 acres in the proposed C-G zone pertinent to this AZ 0(x037 appltca~'on. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNYNG DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Progeny in accordance with the following special conditions: 1. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. All future development of the subject property shall be constructed in DEVELOPMENT AGREEMENT (AZ (l6-037) COPE SUBDIVISION PAGE 3 OF l0 accordance with City of Meridian oardinances in effect at the time of the development. 3. The applicant will be responsible for all costs associated with ffie sewer and water service extension. 4. Any existing domestic wellsand/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. 5. Prior to issuance of nay building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 6. All proposed off-site road improvements to S. Country Terrace Place and associated landscape buffer proposed on the site/landscape plans dated June, 2006 shall be constructed prior to any certificate of occupancy. 7. Development of the property shall comply substantially with the conceptual elevations to be provided by the applicant at the Planning and Zoning hearing and prior to the approval of the preliminary plat ti by the Commission. Provide staff with elevations ten (10) days prior to City Council meeting. 8. Per UDC 11-3A-19, all structures within the development shall be subject to administrative design review and a Design Review application shall be submitted concuaently with the applications for Certificate of Zoning Compliance. 6. COMPLIANCE PE~tIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owner/Develaper'sheirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGnFF~?N'~' (AZ 06-037) COPE SUBDMSION PAGE 4 OF 10 7. CONSENT TO DE-ANNEXATION AND REVERSAL, OF ZONING DESIGNATION: Owner/Developerconsents ugondefault tothereversal ofthezoningdesignation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developerand ifthe Owner/Developerfails tocure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. ~. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developer'skeirs, successors, assigns, ar subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance inconnectionwiththe re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-037) COPE SUBDMSION PAGE 5 OF 10 ~ M 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. XtEMEI)IES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in tifle or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Owner/Developer agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developeragreethat no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. DEVELOPMENT AGREENffivT (AZ Ob-037} COPE SUBDIVISION PAGE 6 OF 10 1S. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, ar successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16 NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3} days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: C1T'Y: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Ronald W. Van Auker 3084 E. Lanazk Meridian, Idaho 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entity, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TAViE XS OF T$E ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condirion and provision hereof, and that the failure to timely perform any of the obligations hereunder shall DEVELOPMENT AGREEMENT (AZ 06-037) COPE SUBDMSION PAGE 7 OF 10 constitute a breach of and a default under this Agreement by the other party so failing to perform. 1 ~. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall bebinding onthe Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be bath benefited and bound by the canditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there aze no promises, agreements, conditions or understanding, either oral or written, express orimplied,between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adapted ordinance or resolution of City. 21.1 No condition $overning the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ OCr03~) COPE SUBDMSION PAGE 8 OF 10 • • ACKNOWLEDGMENTS IN WITNF,SS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. BY: MAYOR de WEERD ~~~ ,~~ '~ "9y ~%, J Attest: ,' ~' Apr ~ /~~~/~aaRR O p.I.+~~' Y a~~ 9 ~ WII,L,IAM G. BERG, JR., C C ':,' 9 r isK •,~`~ ~C~``'-._ Q DEVEL(?PMENT AGREEMENT (AZ 06-037) COPE SUBDMSION PAGE 9 OF 10 OWNER/DEVELOPER STATE OF IDAHO, ) ss County of Ada, ) On this ~~ day of ~1~~-n`X,,l~ ,~, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald W. Van Acker, known or identified to me, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~ f~~ N Public for Idaho R iding ar /1/~.m.,Dr.~ My Commission p -~ r C7/~ ss County of Ada ) On this~~' day of 20~ before me, a Notary Public, personally appeared Tammy de Weerd and Willi G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~ ~, • (SEAL)1~,~,~:~Q ~ `~`~ ; Notary Public for Idaho ., Residing at: _ Cdhl t___~ l 1 ~- i n `,, ~ _ ~ Commission expires: ~IS~'l l -I 1 06-037) COPE SUBDMSION PAGE 10 OF 10 STATE OF IDAHO ) •. Legal Description sicalb~rn ~ w4it~ Eons~i~ir~g~ enre~~ 120 N. Cum Reed „ Id. 81706 (208)376-SS55 Fpx (,ZOS) 429-9862 P.N. 2274 1U1V8 l3, 2006 ANNEXATION DI~SCRTpTION FOR COPE PROPERLY BOUNDARY A PARC18.OF LAND BS1NiG A PORTION OF THB SOUPHVVEST QUARTER OF THB SOIl1IIWE~ST QUARTER (GOVE[tNA~1VT IAT 4} OF SECTION 18, TOWNSHIP 3 NORTI~ RAN(B:1 FAST. 80ISE 1~1tIDIAN, ADA COUNTY, IDAHO, AMID MORE PARTICUi.ARY DESCRIBID AS FOLLOWS; CAI1Ih~tCIN© AT TF1E SOUTHWEST CORNlIR OF SAID SECTION 18, TI~IBNTCB NORTH 89° 43'32" EAST ALONG T1I1r SOUTH BOUNDARY OF SAID Sl~CTION 18 FOR A DLSTANCL QF 17430 FELT, TO THS.1tEAL pOIIHY' OF BEG>TiNING; THENCE NORTH 89° 43'32" BAST q,I..ONG SA1D SOUTH BOUNDARY FOR A DISTANCE OF 457.98 FEET; THETICE NORTH 0°16'28" WE~1' FOR A DISTANCE OF 45.00 FkTSI'; '17ffslYCE NORTH 39°3 S' 14"~T (FORNIL'RI.Y SHOWN OF RECORD AS NORTH 39°33'22"EAST) FOR A DISTANCE OF 15.96 FEET; ~.. THBNCB NORTH 0°43' 10"BAST (FORMI~tLY SHOWN OF RSC1pIiD AS NORTH 0°13' WEST) FOR A DISTANCE OF 368.65 FEET; TI~NCB SOUTH 89°28'41" WEST (FORI~~IERI.Y SHOWN OF RECORD AS 50UT11 88°x2' WEST) FOR A DISTANCE OF s69.a 1 >'EET; TH@tCB SOUTH 52°04.46" EAST (FOR1vI1~tLY SEiOWN OF RACORb AS SOUTH S3°07' EAST) FOR A DISTANCH OF 29.41 FEET; THENCE SOUTH 25°42'56° EAST' (FOItI~.RLY SHOWN OF RBCQRD AS SOUTH 26°45' EAST) FQA A DISTANCE OF 60 00 FLET; THENCE SOUTH 9°02'04` EAST (FORI~RLY SHOWN OF RECORD AS SOUTH 10°04' EAST) FOR A DISTANCB OF 300,02 FEET, TO T1B+ NORni RIGHT' OF WAY LII~ OF OVEi1tLAND ROAD; C:1Pr~a~lCope Froperry-Vaa Auter t2274jV3oao~cte~COPB 80UNDARY ANNBX.doe-2 • ~ ,.~ T1~TCB SOU2H 00°16'78" BAST FOB A DISTANCE OTt 54.50 F813I"tQ Tim RBAL S'O1Di1' OF BEC~II4HING; dONTAIN1rIti~ 4.65 ACR1;8 OP L~Ai~. MORB OR LESS. PR>1PARID HY; TODD R WAi18 P.~..S. alp V~~~ ~ ~~~~ W G'1ProjeagtCopo Property-Vaa Admr (2274~Dob~01'li SOUNDAAY A1~iBX.doGZ L_J CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER . ,r ~ ~• ~ 1 ,~ ~r+' 1 lk iJ ~i ~R Vl~ ~~ .7 :r ' ~~ .. t: f -.+"L .r In the Matter of Annexatlon and Zoning of 4.83 acres from R 1 to C-G (General Retail and Service Commercial District) AND Preliminary Plat approval for 4 commercial bwilding lots on 4.31 acres in a proposed C-G zone, by Ronald Van Acker, representing Van Acker Properties, for Cope Subdivision Case No(s). AZ-06-037 and PP-U6-035 For the City Council lieariag Date of: September 19, 2006 (findings on October 3, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached StaffReport for the hearing date of September 19, 200b incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 19, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 19, 2006 incorporated by reference) 4, Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 19, 2006 incorporated by reference) H. Conclusions of Law 1. The City of Meridian shall exercise the powers cont~erred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.G_ §67-G503). 2. The Meridian City Council takes judicial notice of its Unified Development Gode codified at Title 11 Meridian City Code, and all current zoniag maps thereof The City of Meridian has, by ordinance, established the Lnpact Arm and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8c ORDER CASE NO(S). AZ-06-037 and PP-ob-035 4. Due consideration has been given to the comaaent(s) received from the governmental subdivisions providing services iA the Gity of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval aze imposed. 6. That the City has granted an ceder of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the h®aring data of September 19, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Deciaian and Order Pursuant to the City Council's authority as provided in Meridian Gity Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June, 2006 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of September 19, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive pb~ases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for prelimitlary plat approval. Upon written zexluest and filed by the applicant prior to the t~.m~ination of the period in accord with 11-6B- 7.A, the Director may authorise a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as de~mined and approved by the City Council may be granted. i~Vith all extensions, the Director or City Council may require the preliminary plat, combined preliminary and QTY OF MERIDIAN Fn~TDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-037 end PP-05-035 final plat or short plat to comply with the current provisions of Meridian City Code Title 11. ff the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action rind Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis wi11 toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take nodce that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval maywithintwenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 19, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-037 and PP-06-035 By action of the City Council at its regular meeting held an the ~~ day of ~ 2006. COUNCII. MEMBER SHAUN WARDLE VOTED_,~~~~ COUNCIL MEMBER JOE BORTON VOTED_~ COUAICIL MEMBER CHARLIE ROUN'TREE VOTED_ c J¢~Gt.~-~ COUNCIL MEMBER KEITH BIlZD VOTED_~ TIE BREAKER MAYOR TAMMY de WEERD VOTED '~~ MAYOR ~~i79y_EERD ATTEST: ~~0 8~i~+ ~ ,¢4 , Copy served upon: V Applicant """""" Plam~ing Department Public Works Depafinent City Attorney By: Dated: 1~'J'~~ ty Clerk's O ce CITY OF MEWDU-N FINDINGS OF FACT. CONCLU510NS OF LAW AND DECISION & ORDER CASE NO(S). AZ-Ob•03'f and PP-06-035 • M CITY OF M6R1D1NV P1.ANNOVO DEPARTMENT STAFF RF3'ORT FOR Tt~ IiEAIt1N(i DATE OF SEPI~ER I9, 2006 STAFF REPORT Hearing Date: 9/19/2006 TO: Mayor & City Gounal FROM: Penny Veatch, Associate City Planner SUBJF.GT: Cope Subdivision • AZ-06-037 ~~ F .ti4~:~j r rat ~* < <:~; rrn j ,.~,,, „ r~ ~L,. ,r•` ~• Annexation and Zoning of 4.85 acres from R-1 to C-G zone • PP-06-035 Preliminary Plat of 4 commercial building lots on 4.31 acres in a proposed C- Gzone 1. SUNIl19<ARY DESCRIPTION OF APPLICANT'S RE(1LTEST The applicant, Ronald Van Acker, representing Van Acker Properties, has applied for Annexation and Zoning of 4.85 acres from R~1 (Ada County) to C-G QGeneral Retail and Service Commercial) and Preliminary Plat approval of 4 commercial budding lots on 4.31 acres. The site is located an the northeast corner of S. Meridian Road and E. ~verlaad Road. 2. Si7NiMARY R,LCONIIVIENDATION: The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is ~...~_._~.--------, _r.. - - -- - a. Summary of Commission Public Ii[earing: i. In favor: Ron Van Acker ii. In opposition: None iii- Commenting: None iv. Staff preserrting application: Jenny Veatch v. Other staff commenting on application: Caleb Hood b. xcy Issues of Discassion by Commission: i. Importance of cronceptual design/elevation for site looted near gateway road into Meridian; ii. Discouragement of buildings that look like boxes or blank slates facing the street; c. Key Commission Changes to StaBRecommendataton: i. Delete second to last bullet of Development Agreement that stated: A 23 foot wide cwnntercial drive aisle, sewer, and water shall be stubbed to the properly located at 130 ~ Overland Road. ii. Add to Development Agreement: Provide Sta,~''wfth elevations ten (YO) days prior to Clly Council meettng. iii. Mov® prelirminary plat condition 1.2.6, related to the Design Review requirement, to the Development Agreement provisions and add that Lot 4 is also subject to Design Review. Cope Snbdivfsion AZ-06-037, PP-06-035 PAGrE 1 C17'Y OF MEItID1AN PLANNING D>~ARTMENT STAFF REPORT FOR THE NBAROYQ DATE OF SEPTENIDER 19, 2006 d. Ontlltanding Issue(®) for City Council: i. OVhether ar not the Council wants to incorporate the proposed elevations and/or site plan into a Development Agreement provision. Or if there are certain aspects of the buildings that the Council believes should be consistent throughout the development of this property, which should be included in the DA. 3. PROPOSED MOTIONS (to be considered after the public hearln~ Recommend Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-037and PP-06-035 as presented in staff report far the hearing date of September 19, 2006 with the following modifications: {Add any Proposed modifcations.) Con~nuaace I move to continue File Numbers AZ-06-037 and PP-Ob-035 to the hearing date of (insert contimled hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Recommend Denial After consideriwg all star applicant and public testimony, I move to dewy File Numbers AZ-06- 037 and PP-06-035 as presented during the hearing on September 19, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Locatioa: 130 E. Overland Raad, northeast corner of S. Meridian Road and E. Overland Road, Seatioa 18, T3NR1E b. Owners: Ron Van Acker 3084 E. Lanark Stt~eet Meridian, Idaho 83642 c. Applicant: van Acker Properties 3084 E. Lanark Street Meridian, Idaho 83642 d. Representative: Matt Munger, Munger Engineering, Inc. e. Present Zoning: R 1 f. Present Comprehensive Plan Designation: Commercial g. D~crlption of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): June, 2006 2. Dates of Landscape Plan (attached as Exlu'bit A2): June 15, 2006 S. PROCESS FACTS a. The subject application will in fact constitute att anmexation as determined by City Ordinance. Gope Subdivision AZ-06-037, PP-06-035 PAGE 2 Cr1Y OF MFRmIAIV PLANNJNt3 D~AitTMENT STAFF REPORT FOR TH6 HEARWG DATE OF SkTT~FR 19, 2006 Hy reason of the provisions of UDC 11-SB-3, a public hearing is required before the City Council on this shatter. b. The subject application wi11 in fact constitute a preliminaq+ plat as deternni~ned by City Ordinance. By reason of the provisions of UDC 1 I -6s-2, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: duly 31 ~ and August 14s', 2006 (for P & Z Commission hearing) and August 28`~ and September I l ~, 2006 (for City Council hearing) d. Bodine notices mailed to properties within 300 feet on: July 21 ~, 2006 (for P & Z Commission hearing) a~ August 25`", 2006 (for City Council hearir~) e. Applicant posted notice on site by: August 7'h, 2006 (for P & Z Commission hearing) and September '~', 2006 (for City Council hearing} 6. LAND USE a. Existing Land Use{s): Vacant land b. Description o£ Character of Surrounding Area: The property sits on the northeast comer of S. Meridian Road and E. Overland Road, which are both major roadways in the area and carry large amounts of vehicular traffic. The Property is surrounded primarily by other commercial properties to the north, south, east and west. c. Adjacent band Use and Zoning 1. North: Travelers Corner Subdivisiow, zoned C-G. 2. East: Agricultural land, zoned C-G. 3. South: Southern Springs Subdivision, zoned L-O and Country Terrace Subdivision, zoned R-6 (Ada Cotmty}. 4. 'West; Agricultural land, zoned C-G. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer. There is a sewer trunk on the west side of the Ten Mile Praia. Location of water. There is a water main stubbed to thus property from the water main in E. Overland Road, and there is also a main in S. County Terrace Place. Issues or concerns: There is a portion of this site in the AE flood plain. 2. Vegetation: None. 3. Flood plain: S00 year floodplain. 4. Canals/Ditches Irrigation: The Ten Mile Drain traverses the western boundary of the site. 5. Hazards: These is a floodway traversing the site and a 500 yeaz floodplain. 6. Proposed Zoning: C-G 7. Size of Property: 4.85acres f. Subdivision Plat information Cope Sut-div~an AZ-06.037, PP.Ob-o35 PAGE 3 • CITY OF M6Rlt)fAN PL.A~11Ai(} DEPARTI~IT STAFF REPORT FOR TIC HEARQJ(3 AA7~ OF SEPI~MBER 19, 2006 1. Residential Lots: 0 2, Non-residentialI,ots: 4 3. Total Building Lots: 4 4. Common Lots: 0 S. Other hots: N/A 6. Total Lots: 4 7. Open Lots: 0 g. Landscaping 1. Width of street buffer(s): 25 feet on E. Overland Road, 10 feet on S, Country Terrace Place. 2. Width of buffer(s) between land uses; N/A 3, Percentage of site as open space: 0% 4• ~~' landscaping standards: landscape islands and associated vegetation as required by iJDC 11-3B-8C2 h. Proposed and R~uired Non Residential Setbacks; per the C-G zone C-G Standard Front 0 feet Side 0 Rear 0 feet Max. Building Height 65 feet Min. Lot Size None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etcJ: The access to the development will be from S. Country Terrace Place to the east. Tye applicant is proposing to construct one half of a 40-foot street section with 54-feet right-0f-waY- ~Pm'~~~ts east to the cul-de.sac abutting the site along the northern bouadary. The ~plica~ will need to make the remaining improvements to match those already in existence. The subject Property does have frontage along E. Overland Road but i$ not promising direct access to that goad. Access shall be restricted to right in and right-out only. Please see ACRD comments included for further analysis. 7. COM1ViENTS MEETING On July28, 2006 Planning Staff held an agency comments meeting. The agencies and departments preselat included: Meridian Fire Department, Meridian Police Department, Meridian Parr Depariment, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval is the attached Exlnbit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map, Commercial areas are anticipated to contain a full range of commercial and retail services (see Page 99 of the Comprehensive Plan.) Cope Su~tivision Az-06.037, PP-06-035 PAGE 4 CITY OF ]V[ERIDIAN PI.ANiV]NG~ DEP'ARTMBNT STAFF REPORT FOR THE ED~ARIlVG DATE OF S 19,2006 Staff finds the following Comprehensive Plan policies to be applicable to this praperty and apply to the proposal development (staff analysis is italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. liPhen the City established its Area of City Impact it planned to provide City services to the subject properly. The City of Menidlan plans to provide municipal services to the lands proposed to be annexed in the following rnanner.• • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department who currently shares resource sad personnel with the Meridian Rural Fire Department. • The subject lands currently die within the jurisdiction of the Ada County Sheriff's t7fJice, Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are ccarentdy owned and maintained by the Ada County Kghway District (ACIII3). This service will not change. • The subject lands are currently serviced by the Meri~an School District #2. This service wild not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue doss as a result of the sttbfect annexation. Monica'pal, fee-supported services wild be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 6 -Require street oaffiaxions between subdivisions at regular intervals to enhance connectivity and better traflYC flow. The applicant proposes to construct one half of a 41 foot street section within 54-feet ofright-of-way which aligns with the public stub street from Country Terrace Subdivision to the south. • Chapter VII, Goal N, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one driveway to take access an E. Overland Road, which wild be restricted by ACRD. Sta„~`'is do support ofACHD's reaom~nendatdon. • "Plea for a variety of commercial and retail opportunities within the 1[mpact Area" (Chapter YII, Goal 1, Objective B} The proposed use does contribute to the variety of commercial uses in this area, as envisioned with the Comprehensive Plan Amendment. Staff`' believes that the proposed zoning for this property is appropriate. Sts, fj`' recommends that the Commission and Council rely on any verbal or written testimorry that may be provided at the public hearing when determining ~ the applicant's zoning and development request is appropriate for this properly. Cope Subdivi~ioa A7~-06.037, PP-06-035 PAGE 3 • CPTY OP MERIDIAN PLANNAId pFpAR7~M~V f STAFF REPORT FOR TH$ HEAh~i(i DATE pF SP.PTPMgFR 19, 2~ ~. ZONI4~TG ~RD]NANCE a. Zoning Schedule of Use Control: UDC 11-2B 2 allows large scale and a broad mix of retail, office, service a~ light industrial uses as Pemritted Uses in the C-g3 zone. b. Purpose Statement of Zone: Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community is accord with t>,,e Meridian Comprehensive Plan. Fow Districts are designated which differ in the size and scale of commercial structures accommodated irx the district, the scale attd mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G Qeneral Retail and Service Commercial District: The purpose of the C-(~ district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service orients and are located in close proximity to major highway or arterial streets; to fiilfill the need. oftravel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial developmem and encourage clustering of commercial development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ~NNE,~TX ON ANALY~~'S: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed commercial development. Please see Exhibit D for detailed analysis of facts and findings, The annexation legal description submitted with the application (prepared on June 15, 2006 by Todd R Waite, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entPxed into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant s~ contact the City~~ Bit N rat 888-4433 to irutiale this s wi 90,~ys of City Council approval of the annexation request The DA shall mcorgorate the following: ` • All future uses shall not involve uses, activities, processes, materials, equipment and conditiops of operation that will be detrimental to any P~o~. Fr'~Perhv or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All futwe development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs assooiatai with the sewer and water service extension. • Any existing domestic wells andlor septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic puuposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. • All proposed off-site road improvements to S. Country Terrace place and associated landscape buffer proposed on the site/landscape plans dated June, 2006 shall be constructed Cope Subdivision AZ-06.037, PP-06-035 PAGE 6 CAT of N03RmL4N PLANNING DHPARTM~17' STAFF RE'PaRT FOR 7'R6 TiEARIIdd DATE pF Sl~'7'EA~IIt 19, 2006 prior to any Certificate of occupancy. + Development of the property shall comply substantially with the conceptual elevations to be provided by the applicant at the Planning and Zoning beeriag and prior to approval of the preliminary plat by the Commission. Provide Staff with elevations ten (10) days prior to City Council meeting. • P UDC 11-3 - wi the de o ent 8 be s ect ative i re ew d a Ta.S.... Dm.S...-. ~~~fa_-'~-- -~ _.. .-- PJ2LLY119(~1ARY L~AN~LY3IS,: Based on the pvlicie~ and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed commercial development. Please see Exhibit D for detailed analysis of facts and findings. 1. ~cc~s to a Pri~'t~l_ArterIal roadwav fE Oven d Road)• The submitted preliminary plat dated Juno, 2006 shows access to E. Overland Road. Access shall be restricted to right-iu and right-out only. Direct lot acc.~s to East Overland Road shall be prohibited and should be noted oa the final plat, 2. Parking Lot Landscapes; Landscape plans shall be submitted with, the Certificate of Zoning Compliance applications for the development which comply with City Code. Specifically, the submitted conceptual site plan does not provide landscape islands and associated vegetation as required by UDC 11-3$-8C2. 3. Aga Rev~~vv: Per UDC 11-3A-19, the struc~u>~es within the development along E. Overland Road shall bo subject to adnoiniatrative design review and a Design Review application shall submitted concurrently with the application for Certi$cate of Zoning Compliance. tie: Although such concepts are not required by the UDC, staff anticipates that the City Council will want to see them prior to their hearing. 4. sS~ib Streets: Staff is supportive of the connection to the stub street from the south from Country Terrace Subdivision. The applicant will be responsible for constructing remaining improvemens to S. Country Ten~ace Place that match the existing improvements oa north, abutting cul-de-sac. 5. The applicant shall modify the plat to include a cross access/parking easement for all lots within the subdivision. 6. Press~}~e Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-roynd ~u> ce of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-paint connection is utilized, the developer will be responsible far the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, Pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Cope SubdivIston A7,06-037, PP-Ob-035 PAGE 7 ~~ CI7"Y OF ME1i1D7AN PLANNiN(i DEPARTMENT STAFF REPORT POR THE HEARWG DATE OF SEPTT&[NSF.R 19, 2~6 7. loodw / ood 1 ia: The Ten Mile Drain traverses the western boundary of the site. The applicant shall provide base flood elevation and floodway data from a professional engineer licensed in the State of Idaho. All lots that are affected by the flood plain shall provide Base Flood Certification prior to obtaining building permits. b. Staff Recommendation: Sta~recomme~pds proval of the subj~,ect applications AZ-06-026 and PP-06-025 with the conditions listed in Exhibi~of the S Report for the hearing of Srpt~mber 19 200 The Meadian Plarlniag and 7.o„in¢ Comn~ssion heard these items on 7 2006. the lic h the to recomm d val. Oa September 19 2006 the Meridian City Councl! vote~to annrove the su~bj-act 11. EXffiSTPS A. Drawings 1. Preluniaary Plat (dated: June, 2006) 2. Landscape Plan (dated: June 15, 2006 3. Conceptual Site Plan and lrlevations (dated: September 13, 2006) B. Conditions of Approval 1. Planning Department 2. Public Worlrs Department 3. Fire Department 4. Police Department 5. Parks Department b. Sanitary Serrrioe Company 7. Ada County Highway District C. Legal Description D. Required Findings fiom Zoning Ordinance Cope 5ubdivleion AZr06-039, Y+P-0~-035 PAGE 8 s Cf!'Y OF 11G'iRm1AN PLANN-VG DSPAR7MENT sPpFF REPORT' FOR TI~+ HEARING DATE pF 5EP1F.11GfFdt 19, 2pp6 A ~i VPlll~g 1. Preliminary Plat (dated: 7une~ 200 rr ^ • o! ^ 3; o i -- ~; ~ ~' ~~ ~ ~ ~~ ~ ~ ~ ~~i ° t i ° ~ _ eo i~ ~~.•••----^-~-:e'riiri`ii pay ~..__.~.---~---- ~ --"~ ^ ° ~ _": - •i° e ,•.~ ~. w ~~. ~ ~ •f f ~ ••i • R ~ ~ ~ ^ l 1` ~® ~ . . ••~ ~ V y ! r ° ~ . ...~,..•., t C F~ 7 ~ ^ g ;~lil ~ t I~ + ~ ~~ ~ 1 ilk! ° ~~ i tail i ~ ~ ~---: ~x ~~ ~ ~ ~ ~~:~ ,S ~ I p h _ ~ ~ a ~ ~ ,t ~~ ~ Exhibit A -Page 1 s CR'Y OF MTRIp1AM PI.ANNIN4 DEPARTM8N7' STAF'F' REPORT FOR Tl~ I~AR1NCi DATE OF SEP7'I;MBER 19, 2006 2. Landscape Plan {dated: June 15.2005) a ,~: f f ~ '~= of - + ~~... - ~ ~ ~~ ; .....- ... .. ~ I .. . , ..~ .1 ~' . Id. i + ~ j H ~~ i ~,f `, is ~ ~ ~ I 1 ~ ~ ~>f ~~ ~ l i . ~~;~~is ~ ;; t • ~if !!} ,~' j ~'~a#i ~t ~~ ~ ~° a .~_ ..~ r i }~ +~e~ e~ ~_,_~__ +' ~, ~ l'~~,~'! ~~~ '~ r t1 ~ ~ ; ~~: ~ ;~~~iil 1 81~~~~ 11 t e• j ~ i i is { t1Yl1 ~ ,~ I d ' '~` • L ._ . _ ... - ---, , ... _ ~_ ~; ~j ~ ~ ~. ~ ~ ; ~.,- , a II '' .. ~; ~ I` ...:.`'' .„:ray F.achibit A--Page 2 s CITY OF MERIDIAN PLANN1tVQ DEPARTM~1vT STAFF REPORT FOR TF>E HBARiNti DATE OF 9EPTIII~ER 19.2006 3. Conceptual Site Plan scud Elevations (dated; September 13, 200[7 Eachibit A -Page 3 • CrfY OF Tv~tAN t'1.A]QNINIG DEPARTME[~ S'tAl~ RII'ORTFOR T1fE tiF.F1R1N(i DATE OF SEPTENIDER 19, 2Q06 ~-~_ ~ ~o~ Exhibit A -Page 4 C[PY OF MF.RIDL4N PLANNIIVti DEPARTMAN1' STAFF REPORT POR THE HEARIIVCi DATE OF S~IIC 19, 2006 e~oc~wo ~ v _~ :~ e, ~3 Exhibit A -Page S C~ C17Y OP l~L1N pLANN WG DEPARTM6M' STAFF REPORT POR TIC HEARING DAT4 OF SEP78MBF.R 19.2006 ~i Nyye O'. ~_' ~• ~~ y~yy 8> MQ ~~ ExMMt A -Page 6 CttY OF M6RIDIHN PLANN1Ntp DEPAIiTMIIVI' STAFF REPORT FOR TH6 FIDARDQG DAZE OF SFFi'IINBIIt 19,.2006 B. Conditions of Approval ~.. PLANMNG DEPARTMENT 1.1 ANNF..?~ATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be enteral into between the City of Meridian, property owner (at the time of alaaea<ation ordinance adoption), and the developer. The applicant shall co~rtact the City Attorney ' 1 N at 888-8433 to initiate this process within gS~aeatbs 90 days of City Council a~r~~t of the ann~mcation request The DA shall incorporate the following: • All futare uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to say persons, property or the general welfare by reason of excessive production of tzai~ic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall be constructed iou accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and arat~ service extension. • Any existing domestic walls and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property be subdivided in accordance with We City of Meridian Unified Development Code, • All proposed off-site road improvements to S. Country Terrace Place and associated landscape buffer proposed on the sitenandscape plea's dated June, 2406 shall be constructed prior to any certificate of occupancy. ~ a • Development of the property shall comply substantially with the conceptual elevations to be provided by the applicant at the Planning and Zorli~ng hearing and prior to approval of the preliminary plat by the Commission. Provide_Staff with eleva ens ten (10) days prior tg City C~ouneil_meetin$. • Per UDC 11-3A-19. the all strictures within the develai7ment yde..sa:~.. ny~a R _+- w •• shall be siiblect t0 administrative desien review and a DmigD Review aDDliCatlaII sLgQ sabmitt~ cQncnrreiitly with the aQDlieations for Certifleate of Zoninn CamDliance. 1.2 SITE SPECIFIC REQI]~REMENTS-PREL1b~TARY PLAT 12.1 The preliminary plat prepared by Munger Engineering Inc., dated June, 2006, is approved, with the conditions listed herein. All camments/conditions of the accompanying Annexation/Zoning (AZ-06-03'n shall also be considered conditions of the Preliminary Plat (PP-06-035). 1.22 The applicant shall modify the plat to include a cross access/pat~ing easement for all lots within the subdivision, 1.2.3 The proposed driveway on East Overland Road shall be right-in/right-0ut only. Direct lot access to Fast Overland Road shall be prohibited and should be noted on the final plat. Exhibit B -Page l s C1TY OF MSRIDiA]d PLANNMG DEPARTMENT STAFF REPORT FO$ TF®HSARMt9 DATA OF 5EY[E~IBIIt 19, 2U06 1.2.4 Construct South Country Terrace Place as one half of a 41-foot street section within 54-feet of tight-of--way to aligfl with the public stub street fmna Country Terrace Subdivision to the south and construct curb, gutter and sidewalk to match existing improvements. 1.2.5 The landscape plan pr~ared by South Landscape Architecture, P.C., on June 15, 20(?6, is approved with the followingmodifications/notes: • Landscape plans shall be submitted with the Certificate of Zoning Compliance applieatio>m for the development which comply with City Code. Specifically, the submitted conceptual site plan does not provide landscape islands and associated vegetation as required by UDC 11-3B-8C2. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plea for the existing trees on sate. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible far the landscape plan. All standards of installation should apply as listed in UDC 11-38-14, 1,2.6 The applicant shall provide base flood elevation and floodway data from a professional engineer licensed in the State of Idaho. All lots that are affected by the flood plain shall provide Base Flood Certification prior to ob~ining building permit. l .3 GENERAL REQUIREMENTS-PRELIlV111~lARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursua~at to UDC 11-3A-1'7. 1,3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-paint connection to the culinary water system shall be required. If a singlepoint connection is utilized, the developer wiU be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An undergt+ouad, pressurized irrigation system should be installed to all landscape areas per the approved specifEcations and in accordance with UDC 11.3A-15 and MCC 9-1-28. 1.3.3 A derailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted is this report, shall be submitted for the sulxlivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is sot provided, temporary constu'uction fencing to contain debris mast be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 fcet of all right-of--way, All fencing should be installed in accordance withUDC 11-3A-7. 1.3.5 Any 1Tee over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have w be mitigated, 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lyiAg adjacent and contiguous to the area betag subdivided shall be tiled per UDC 11- 3A.6, unless otherwise approved by Nampa Meridian Irrigation District, Plans will n~i to be approved by the appropriate irrigation/drainage district, or lateral users assaciafion (ditch ~roi~ s--rage a s CITY OF MERIDIAN P1.~WNING D>R+AR?MTSNT STAFF' REPORT FOR THE HBARIlQG DATE OIL SEPrF3~IBER 19, 2006 owners), with written approval or non•approvai submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to (anal plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditionalnse does not relieve the applicant of responsibility for compliance, 1,3.8 Preliminary plat approval shall be subject to the elcpiration provisions set forth in UDC 1 l -6B-?. 2. lPUB1.iC WORKS DEPACtTMElVT 2.1 Sanitary sewer service to this development is being proposed via extension of the trunk main located on the west side of the Ten Mile Drain. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard farms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than throe feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E. Overland. Road and S. Country Terrace, The applicant sba11 be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 A portion of this site is encumbered by an AE Rood zone, the Seal plat for this development shall include the Firm map number that shows this flood plain. Atl lots that are affected by the flood plain shall provide Bast Flood Certification prior to obtaining building permits. 2.4 Any potential reimbursement agreements must comply with all requirennents of City Code 9-1-13 and 9.4.19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable Pipe) being finalized prior to construction plan approval The details agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the crnostruction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval ahaU be submitted prior to scheduling of apre-construction meeting. 2.? The City of Meridian requires that pressurized irrigation systems be supplied by ayear-round source of water (UDC 11-3A-6). The applicant should lm required to wee any existing surface or well wets for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assesameAts for the common areas prior to signature on the final plat by the City Engineer. 2.8 All existing structures not meeting setbacks or meeting the dimensional stat-dards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance S~tion 9-1-4 and 91-8. Wells may be used for non domestic purposes such as landscape irrigation. Exhibit B -Page 3 • • CITY OF I~IAAT PLWNII~t(y DFaPAR1ME~R STAFF REPORT FOR TILE ~:ARMfi DATE OF 5EP7'EMBFA 19.200b 2.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the Ten Mile Drain, that intersect, croea or lie within the area beigg subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Deparement prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.11 As each lot develops a drainage plan designed by a State of Idaho licensed arrchitect or engineer is requited and shall be submitted to the City Engineer (Old. SS7,10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed is accordance with Depafinent of Environmental Quality 1997 publication Catalog of Starm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has auRhority over the receiving stream provides written arrthorization prior to development plan approval. The applicant is responsible for all necescsary applications with the Idaho Depa~tttnent of Water Resources regarding Shallow Injection Wells. 2.12 Street signs are to be in place, water system shall be approved and activated, and the road base shall be sufiYCiently installed to allow for emergency vehicle access, prior to applying for building permits. 2.13 A letter of credit or Dash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, Pressurized irrigation, sanitary sewer, water, etc., pnor m signature on the final plat. 2.14 Sewer, water, Pressurized irrigation, and a~- life safety development improvement shall receive final approval prior to occupancy. Qther required development improvements, such as fencing, rrricropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and cansttuction inspection fees, as determined during the plan review process, Prior to signature on the final plat. 2.15 It shall be the respansr`bi]ity ofthe applicant to ensure that all developmem features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that uray be required by the Enviromnental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe requited by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Merldiatt Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requitemertts for unobstructed sidewalk access, 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building Pads receiving engineered backfill, where footing would sit atop fill material. 2.21 One hundred watt, high pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high prime sodiwn streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approval by the Public Works Department. Decorative lights requite a streetlight agreement on file with Public Works prior to activation, All streetlights shall be installed, at subdivider's expense. Typical locations are at street-int~xrions and/ar fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from $uilding Department prior to Exhibit B -Pegs 4 • f CITY OF MBRJpIAN PLATINIlVQ DEPARTMlrn17' STAFF REPORT FOR THB tIEAR1NQ DATE OF SFP1F~gg[t 19, 2006 GOi~-C1ng 1n8ta1lat10n3. 3. FIRE DEPAR'T'MENT 1. Acceptance of the water supply for fire protection will be by the Meridian, Fire Department and water quality by the Meridian Water Department for baciel3a tom. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not faces a street which does not have addresses on it. c. Fire hydrant .markers shall be provided per Public W grits specificarions. d Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" shave Snlsh grade, g. Fire hydrants shall be provided to meet the requi~reulents of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3. The phasing plan may require that any roadway greater thaw 150 feet in length that is not provided with an outlet shall be required to have an approval rum around 4. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' oudaide radius. 5. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 6. For all Fire Lanes, provide sigaage "No Parking Fire Lane". 7. Operational fire hydr~ats, temporary or permanent street signs and access roads with as all weather surface are required before combustible construction is brought on site. 8. Commercial and office occugancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. Maintain a separation of 5' fram the building to the dumpster enclosure. 10. Provide a Knox box mtty system far the complex prior to occupancy. 11. The applicant shall work.with Planning Department Ito prrovide an address idemtiiication plan and a dgn which meets the requuenneats of rile City of Meridian sign ordisaance at the reguir~ed intecsection{s). 12. The Fire Dept. has concerns aboart the ability to addt~s the project and have the addresses visible from the street which the project is addressed off o£ Please contact the Public Works Dept. Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 13. All portions of the buildings located ~ this project must be within 150' of a paved surface as measiu~ed around the peaimeter of the building. 14. Provide exterior egress lighting ae requirai by the International Building & Fire Codes. 15. Where a partrtian of the facivkty or building here~8er Constructed or moved irrto or within the jurisdiction is more than 400 feet (122 m) fivm a hydrant on a fire apparatus access road, as measlu~ed by an approved rnlrte around the exterior of the facility or building, aaa site fue hydrants Exhit~t B -Page 5 • • C1TY OF MERIDIAN PI.ANNW(i DEPARTMENT STAFF R1~+Olt'1" FOR TIC IIEARWa D~4TE OF S>3~rFMagR 14, 2~ and z:tains shall be prpvidEd wheue required by the code official. For buildings equipped thro 'with an approved automatic sprinklDr system installed in accordance with Section 903.3.1u~1 for 903.3.1.2 the distance regeliremellt shall be 600 feet (183). a. Far Ch+uup R 3 and Group U des, tho distaaco requirement shall be 600 feet (183 m). b. l~or buildings equipped throughout with an approved a>rtasnatic ~~~ installed in accordance with Section 903.3.1,1 or 903.3.1.2, the dfstance requirement shall 'be 600 i~ (183 m). 16. There shall be a ~re hydrant withal 1 ~' of all Fire Department connections. 17. Buildings over 30' in height are required to have access roads in accordance with Ap~ndix D Section D103. 4. POLICE DEPARTMENT 1. The loading areas shall be separated from all public parking areas. Access to E. Oveland Road should not be permitted. S. PARKS DEPARTMENT' 1. Standard far Miti~tian of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-313-10) will be followed. 2. Standard Plan for Protection of Existing ?tees during Constauction: The standard established in the City of Merldiaa Landscape Ordinance (UDC 11-38-10) will be followed. 6. SAMTARY SERVICE COMPANY 1. Pleas contact Bill Gregory at SSC (888.3999) for detailed review of your proposal aad submit stamped (approved) plans with yotu certificate of coning compliance application. 7. ADA COiINTY HIGH WAY DISTRYCT sine c Con~taio v ov 1 1. Rostrict the t~in$ movement of the driveway located at the south property line to right-in and right-out only by means of a cater median. The applicant may enter iarto a road bust with the district for the actual installation of the median with the irdersection prof ect. 2. Construct SouW Country Terrace Place as one half of a 40-foot street section within 54feet of right-af--way complete with vertical curb, gutter and 5-foot attached concrete sidewalk to match the existing improvements. 3. East Overland Road is classified as a Principal Arterial r~dway. all acs;ess points to East Overland Road will be closed. except the access specifically approved with this application: direct lot access to West Overland Road is prabu'bitrcl and should be noted on the final plat. 4. Comply with District Driveway Policy. 5. Comply with District Tree Planter Width Interim Policy. 6. Comply with all Standard Conditions of Approval. ndard Condt o rova! 1. Any existing irrigation ~Cilities shall be relocated outside of the right-of--way. 2. Private sewer or avatar systems are p~rnhihited flow being looted within any ACID roadway or right-ol=-way. Exhibit $--Page 6 s CII"Y OF MERIDIAN PLAMVn9(i D~ARTIV!>~1T STAFF REPORT FOR Try F®ARIIVG DATE OF 3IR'tfiMB$K 19,2006 3• All utility relocation ~ associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewallc and any that nosy be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. fly with the District's Tree Plante Width Interim Policy District's Tree Planter Width policy prohibits all trees in planters less than 6-feet in width In addition to prohibiting trees in planters less than 6-feet in width, the policy requires a minimum plaffier width of 6-feet for class II tress with the installation of root barriers on both sides of the planter strip or a minimmum planter width of 8-feet without the installation of a root barrier. The policy also requires Class I and Class III trees to provide a minimum planter width of 10-feet. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and aII applicable ACHD Ordinances unle~ specifically waived herein. An engineer registered in the State of Idaho shall prepare and all irt~rovemaxt plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Conshuction, use and pmp~ty development shall be in conformance with all applicable requirements of the Ada Coumy Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees is required prior to building construction is accordance with Ordinance #200, also lwown as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities withintheright-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant, The applics3nt shall be required to call DIQLIIVE (1-800-342-158 at least two full business days prior to breaking ground within ACH'D right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the teams sad conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized native sad an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written corxfirmation of nay change from the Ada County highway District. 13. Any change by the applicant in the planned use of rho property which is the subject of this applicatioxl, shall r~uire the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in intexnst advises the Highway District of its intent to change the planned use of the subject property taxless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in eft'ect at the time We change in use is sought. Exhbit H -Page 7 • f CITY OF MFRmIAN PTANNINO DEPARTMENT STAFF REPORT FOR THE F>BAROVO DATE OF SEPT!?M$IIt 19, 2006 C. I.C. ~@8CI1~lOII claf r~ ~u~ t cons !t tg~, t~~ e~ 8 at,ry~,a8 120 N. CurdsRosd Id 83706 (206) 376~SS5 Fax (208) 429-9862 P.N. 2274 JUN$13, 2006 ANNEXATION D8SCR1P770N FOR COPBPROPBRTXHOUNDARY A PARCSi. OF 1,gND BB1N(i A PORTION OF TH1r 80-LTTHVVEST QUARTER OF TF)8 50U1'HWEST QUARTER (CiOV~RNMENT I.oT 4) OF SECTION 18, TOWNSi>'-P 3 NORTIl; RANGE 1 BAST, BO1SB MERIDIAN, ADA COUNTY, IDAHO, A1~ID MOR$ PARTICULARY DSSCRIB$p A$ FOLI.OwB: COMMENCIAIO~ AT TAE SOUTHWEST CORNER OF SAID ACTION 18, THENCE NORTH 89° 43'3Z" EAST AI.ON() T13E SOUTIi HOUNDARY OF SAID Sl:C7ION 18 FOR A DI8TANC& OF 174.30 FBBT, TO T~ HEAL pp>rl'r OF HEGIrINII~TG: Tfl$NCB NORTH 89° 43'32" BAST ~}1..QNG SAID SOUTH BOUNDARY FOR A DISTANCB OF 457.98 FEET; THENCE NORTH O°16'28" 3VEST FOR A DISTANCE OF 4S.Ot! F$ET; 'THEbICE NORTH 39°3x' 14"BAeT (FORI~RLY SHOWN OP RECORD AS NORTA 39~3'Z2" ~sT) FOR A DISTANCE OF 15.96 FEET; TI~iCB NORTH 0°4x'10' i$A3T (170RMf$tLY SHOWNOF RECORD AS NORTH 0°13' WgST) FOR ADl$TANCB OF 368.65 FEE1; ~NC$ SOUTH 89°Z8'41° WEST (FOR141ERLY SHOWN OF A&ARD AS SOVf 1i 88°42' wB3T) FOR A DISTAL OF 569.41 FEET; TI~TCB 50UTH SZ°04'S6" EAST (FORMERLY SIiOWN OF RECORD AS SOUTH 53°OT' EAST) FOR A DISTANCE OF 29.41 FEET; THENCE SOUTH 2s°42'x6" BA$'~' (1*pRMBRLY SHOWN OF RBCORV AS 50irTH 26°45' EAST) FOR A DISTANCEr OF 60.00 FEET; THBNCB SOUTH 9°02'04° BAST (FORMERLY S130WN 014 RECORD AS SOUTH 10°04' FAS'P) FOR A DISTANCl3 OP 30D.02 FEI'~T. TO THE NORTH Ri(iHT OF WAY L11VE OF OY13RI.A1~ID ROAD: C;~Ftbjab$~Copa P-Vaa Auker (2274)~I1os1COPE BOUNDARY- ANNBX.doa-2 Exhibit C • f CTCY OS MERmIAN PLANNIIdO DEPARTNi6~IT STAFF REPORT FOR THS HGARIIBti DATE OF SEPTE~£R 19, 2006 TZ~+TCB SOU'iH 00°16'Z~" EA9T IapR A DISTANCE OF 54.50 FBBT TO ~ RBAL pOII~TOP BBt#IIV~IDQC~ CO~N'rAII~iQr4.85 p~p~rj,Al~iD,M4RBORLB$S. P'R~lUt~ $Y; TODDR WAflTi P.L.S. _,,~p~ .~ ~~ Pp4~' %~ W C;~~1C~pe-Prap~t~--vim Auer tZT14)1DoarmaavvC~ pp~,IDARY ATIN~C.daa1 Exhibit C • C11Y OF MIItID1AN PLANNINIi DEPARTML'NI' STAFF REPORT FOR TEiE FiBARWG DATE OF SEPTENIDER 19, 20p6 E ~ L. S 7d 3arrra• •rlrAar 3 1 1 I ~' Q~ 1~1 ~~1 r~ ~~ t / ~~ ' ~~ 1 m I 1 1 I I 1 Y r ~. ~' 2I '~ I s ..w~ r ~ B NMTr ~ pa 6"~` ` ~ I I ``4 i a` aor~wsea~- nr rr~airay A ~. 6~ EXhiY~tL C C1TY OF N1EltID1A2,J PI.ANNII~IG DEPARTMENT STAFF REPORT FOR TkIE MARINO DATE OP SEPTEMBER 19, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon rea-mmendatio» from the Commission, the Council ahaD !make a fall investigation . and shall, at the public hearing, review the application. In order to grant an annexation andlor rezone, the Couna7 shall make the following findings: 1. ,,T~~~~h°°e map amendment complies with the applicable provisions of the comprehensive Yana The applicazrt is proposing to zone all of the subject property to C-G. Council finds that the propo~d zoning rasp amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and CioaIs, Section 8, of the StaffRepart. Z. The map amendment complies with the regalatlons outlined for the proposed district, specifleally the purpose statement; Council finds that the proposed C-G zone, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. 3. The map amendment shaD not be materiaIIy detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will. not be detrimental. to the public health, safety, or welfare. 4. The map amendment shall not rmnlt in an adver~ impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school dish'icts; and, Council $nds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDG ii-5B-3.E). Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public fiords. The applicant is proposing to develop the land in general compliance with the City°s Comprehensive F]an. This is a logical expansion of the City limits. In accordance with the findings listed above, Coup 'l~that A~nneacation and ~oniua of this to C- G~ould be in the best interest of the Citv. 2. Preliminary Plat Findings: In conslderatioa of a prelin49nary plat, combined preliminary and final plat, or short plat, the d+ecleion-maldng body shaII make the foIIowing findings: 1. The plat is ilo ca~'vrmance with the Comprehensive Plan; 'The applicant has not submitted elevataans for the proposed! commercial business park The applicazrt will be required to use the design guidelines for commercial projects along gateway corridors when designing buildittg facades as detailed in the Annexation analysis. Council generally supports the proposed plat layout as it complies with the exhibit D • CtY'Y OF IVn:RmIAN PIANNINp DFpgRTMENT STAFF REPORT FOR TNB FMRIIVG D~-TE OF SEPTEMBER 19, 2006 provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. Z. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposes ~~op~ment. (See Exhibit B of the Staff Report for more details from public service 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; B~ause the developer is installing sewer, water, and utilities for the development at their cost, Council 5nds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting sen-lcea for the proposed development; The Commission and Council should rely upon comments from the public service providers {i.e., police, fire, ACHI), etc.) to determine this funding. (See finding Items 3 and 4 above udder Atlnexation Findings, and the Conditions of Approval in Exhibit B far more detail.) 3. The develop~ogent will not be detrimental to the pablic healtly safety or general welfare; and A portion of this site is encumbered by an AE flood zone. Council believes the applicant should provide base flood elevation and floodway data from a professional engineer licensed in the State of Idaho to determine whether the proposed development may result in physical damage to any property. ACRD considers road safety issues in their analysis. The Commission and. Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which CouneiI is unaware. 6. The development preserves significant ~taral, scenic or historic features. The Ten Mile Drain rues through the western portion of the property sad two of the proposed building lots. The Commission and Council should reference say public testimcary that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. Exhibit p January 5, 2006 MI 06-009 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT Phil Burk ITEM NO. 5-H REQUEST Addendum to Development Agreement -- Request for Modification of the existing DA to remove the requirement for Conditional Use Permit approval of Lot 3, Block 1 of Resolution Park Sub for Resolution Park Medical C~fice - 1828 Millenivm Way AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTW: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Deve@opmerrt A~eemeM OTHER: Contacted: Emailed: Phone: ~.3/ -~~® ~. Materials presented at publk meetings shall become propeHy of the CM9r of Meridian. • • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 Za BOISE IDAHO 01112107 09:24 AM RECORDED nREQUEST OF II I I I ~~ II IIII II I II II I II I I I II I III I ~ Ill. Meridian City 1 ~~~~~~~~' ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Millennium Medical Group, LLC, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 19th day of July, 2000. This addendum is made and entered into this ~~' day of ~ 2007, by and between CITY OF MERIDIAN, a municipal corporation of the to of Idaho, hereafter called "CITY', and Millennium Medical Group, LLC, whose address is 203 12th Avenue Road, Nampa, Idaho, 83651, hereinafter called "OWNER/DEVELOPER". OWNER /DEVELOPER agrees to be bound by the terms of the original Development Agreement (instrument # 100056509), approved on July 19, 2000 on the land described in Exhibit "A", except as specifically regarding item 4.1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, exhibit "B", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That item 4.1 of the original Development Agreement, Instrument # 100056509, approved on July 19, 2000, be amended by modifying the sentence to read: "With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development, excepting Lot 3, Block 1. All uses and buildings on Lot 3, Block 1, shall be governed under the City's Unified Development Code and shall be subject to administrative design review as set forth in UDC 11-3A- 19C1 and 2. ". 3. That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation of the "Owner/Developer", or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This second addendum shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person(s) acquiring an interest in the "Property". ADDENDUM TO DEVELOPMENT AGREEMENT (MI-06-009 RESOLUTION PARK MEDICAL OFFICE) Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this addendum if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between "Owner/Developer" and "City" relative to the subject matter herein, and there are no promises, agreements, conditions or under- standing, either oral or written, express or implied, between "Owner/ Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended within the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI-06-009 RESOLUTION PARK MEDICAL OFFICE) ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: MILLENNIUM MEDICAL GROUP, LLC BY: Dr. hil Burk CITY OF MERIDIAN Attest: William G. Berg, Jr., City BY: Mayor T m de Weerd G V ~ i s ~~ ,~° r~ s~A~~~°~0~-e1-~i 9i~or~`~~~~~a\ ADDENDUM TO DEVELOPMENT AGREEMENT (MI-06-009 RESOLUTION PARK MEDICAL OFFICE) STATE OF IDAHO ) . ss: County of Ada, ) On this ~`~ ~ day of 2007, before me, the undersigned, a Notary Public in and for said State, persona y appeare Dr. Phil Burk, on behalf of Millennium Medical Group, LLC, known or identified to me to be the ~.~~ of said corporation, who executed the instrument on behalf of sand corporation, and acknowledged to me that he executed the same. the S WHEREOF, I have hereunto set my hand and affixed my official seal his certificate first above written. z ti. a- ~ ~® `~ m~~ - STATE OF IDAHO ) ss County of Ada ) otary Public for Idaho Residing at: ~ ~ 1 My Commission Expires: ~J On this q~' day of , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and illiam G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. e• ~'r ~,~~°s ® 4- em ~e (SEAL) ; ~~~~®TAh'~"~'°~ ~: .~, -,~ ~ . a ; • • ~ e • ® ~ ~ • • ' ' ~ • ,e e f • e .g~v e~~~• ••`~~'E ®r••. Notary Public for Idaho Residing at: ~(1 l(~~ ~ ~ . ~u Commission expires: -Q-~ ~ -~ ADDENDUM TO DEVELOPMENT AGREEMENT (MI-06-009 RESOLUTION PARK MEDICAL OFFICE) u E~-IIBTT A . Legal D~ption Of Pro~a~ A parcel of land fmcluciing a portion of the right-of-way of Locust Czrove and Qverland Road, lying in the NW 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: . Commendng at the northwest corner of Section 20, T. 3N., A. lE., B.M., the Rl3AL F'OIIVT QF BEGINNING of this descriiption; Thence S 00°34'14" W 970.53 feet along the west line of the NW 1/4 to a point; Thence N 89°5 9' 19" E 849.95 feet to a point on the centerline of the Hunter Laxexal; Thence ~ 05°29'17" W 140.34 feet along said centerline to a point; 'Thence N 16°14'08" W 216.98 feet along said centerline to a point; 'Thence N 18°27'39" W 470.81 feet along said centerline to point; Thence N 07°06'04" W 175.77 feet along said centerline to a point on the centerline of Ovearland Road, which is also the north line of said NW 1/4; Thence N 89°52'19"'W 595.39 feet along said north line to the REAL 1'DINT OP BEGINNING of this description; Said parcel of land contains 16.119 acres more or less. ~xh ~~. . _ ~r~ "ti-1i/ V~ ~ RECORDED -~R£Q~lES~~OF K~ ~°y~a~rpp~~a~~ ~g1sF.IhAFi~a ~ FE>r~..DEPUTY aooo ~~ Zo p~ ~~ = a~ ~. 14 0 0 5 6 5 0 9 DEVELOPMENT AGREEMENT PARTIES: 1, City of Meridian - . ' 2. Overland 16, L.L.C., Owner/Developer THIS DEVELOPMENT AGREEMENT {this "Agreement"), is made and entered into this day ofGr.~,, 2d®Q, by and between CITY OP MERIDIAN, a municipal corpo tion of the State of Idaho, hereafter called "QTY", and OVERLAND ld, L.L.C., hereinafter called "OWNER/DEVELOPER", whose address is 6223 N. Discovery Way, Boise, ldaho 83? 13. 1. RECITALS: 1.1 WI~REAS, "Owner/Developer" is the sole owner, in law and/or equity, of cereain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein " ' as if set forth in full, herein after referred to as the "Property"; and I.2 WHEREAS, I.C. §b7-6511A, Idaho Code, provides that dties may, by ordinance, require or permit as a condition of re-zoning that the owner or "Owner/Developer" snake a written commitment concerning the use or development of the subject "Property"; and 1.3 1N'HERFAS, "City" has exerdsed its statutory authority by the enactment of Ordinance Y 1-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 ~ WHEREAS, "Owner/Developer" has s~gnitted an application far annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of ~~hborhood Business Distzict (~}. {Meridian City Code §§ 1I-7-2 H); and DEdEI.OPMENT AGREEMENT (AZQO-004) -1 L.S W~3EREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for tl~e requested annexation and zoning designation of the subject "Property" held before the Planning bc. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and I.7 WHEREAS, City Council, the ~_~~c ay of ~~~ , 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in F~xhibit B, which aze attached hereto and by this reference incorporated herein as if set forth in fuU, hereinafter referred to as (the "Findings"}; and 1. $ WHEREAS, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPI~,R" deems it to be in its best interest to be able to enter into this Agreement and aclaiowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Y~evelopex" to enter into a development agreement for the purpose of ensuring that the °Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning n~LOPMeiv'r Aax~rrT i~-zroo-ooal ~- a U designatian from government subdivisions providing services within the planning ~urlsdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December Zi, 1993, Ordinance X629, January 4, 1994, and the honing and Development Ordinances codified in Meridian City Code Title 11 and Title 12: . NOW, ~REFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. ~ INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3, DEPIIVITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY"; means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corpoxation and government subdivision of the state of Idaho, organized and e~dsting by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"/"OWNER": means and refers to Overland 16, L.L.C., whose address is 6223 lV. Discovery Way, Boise, Idaho 83713, the parry developing said "Property" and shall include any subsequent owner(s)/developer{s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DBVEI,OPMENT AC;RRF.MF.jv'j' (j~.pp..pp~}~ . 3 " _. ._,_. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only . those uses allowed under °City"'s Zonir-g~Ordinance codi$ed at Meridian City Code Sections I I-7-2 H which aze herein specified as follows: ~C-N} Neighborhood Business District: The purpose of the C-N Distract is to permit the establishment of small scale convenience business uses which are intended to meet the dialy needs of the residents of an immediate neighborhood (as defined by the polices of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts. All such distracts shall give direct access to transportation arterial or col]Iectozs, be connected to the Municipal water and sewer systems of the City, and shall not constitute all or any part of a strip development concept. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. For the coristructlon and development of a planned commercial development 4.2 No change in the uses speafied in this Agreement shall be allowed without modiScation of this Agreement. S. DEVELOPMENT IN CONDITIONAIL YJSE: "Developer"/"owner" have submitted to "City" an application for conditional use permit, and shall be requiured to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction o£ any buildings or improvements on the "Property" that require a conditional use permit. DEVBLOPMBNT AGREEMENT (A7~00-004) - 4 b. CONDTT~4NS GOVERNYNG DEVELOPMENT OF SUBJECT PROPERTY; bA "Developer"/"Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the praperty shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 6.1 The zoning shall be a lower intensity commercial zone, Neighborhood Commercial (C-N), rather than C-G, for the property described in the application subject to signing a development agreement. 6.2 Any existing imtgationldrainage ditches crossing the property to be included in this project shall be tiled per . City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrlgation/drainage district, with written confirmation of said approval submitted to the Public Works Department. . No variances have been requested for tiling of arty ditches crossing this project. 6.3 Any existing domestic we11s and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells maybe used for non- domesticpurposes such as landscape irrigation. 6.~ Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-spedfitc requirements. 6.5 Paving and striping.shall be in accordance with the standards set forth in the City of Meridian Toning and ' Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. DEVELOPMENT AGRBE~NT (AZ-00-o0~4) - S 6.6. A drainage plan designed by a State of Idaho licensed ' architect or engineer is xequired and shall be submitted to the City Engineer for all off:street parking areas. All site drainage shall be contained and disposed of on-site. 6.7 Outside lighting shall be designed and placed so as nat to direct illumination on any neazby residential areas and in accordance with City Ordinance Section. 6.8 All signage shall be in accordance with the standards set ' forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing sights will be permitted. b.9 Provide five-foot wide sidewalks in accordance with Gity Oxdinance. ' 6.10 ,All construction shall conform to the requirements of the Americans with Disabilities Act. 6.11 Developer shall, in any future development, insure that emergency vehicular access tluough this property from Locust Grove Road to the pazcel lying to the east (RZ-00- 003) shall be designed and built.. 7.. COiVII'LIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer"'s/"Owner's" heirs, successors, assigns, to eomply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two yeazs of the date this Agreement is effective; and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recadifications thereof. DEVELQPMHNT AGRfiF~NT (AZ-00-004) - 6 $. CONSENT TO DE-ANNEXATION AND REVERSAL Op ZONING DESIGNATION ; "Developer"/"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit:. 8.1 That the "City" provide written notice of any failure to comply with this .Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months:of such notice. 9. ~ INSPEC'1"ION: "Developer"/"Ov~mer"'shad, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer:'s inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. l0. DEFAULT: 10.1 In the event "Developer"/"Oumer", "Developer"'sJ"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other . person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and . - conditions included in this Agreement in connection ' with the "Property", this AgFeernent maybe modified or ternninated by the "City" upon compliance with the requirements of the Zoning ' Chdinance. 10,2 A waiver by "City" of any default by "Developer"/"Owner"'of any one or ttnore of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar DEVELOPMENY' AGREEMENT (A7r00.004) - 7 ~~ any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions, 11. REQCJIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'sJ"Owner's" cost, and submit proof of such recording to "Developer"/"Ovmer", prior to the third~reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" wntemplated hereby, the "City" shall execute and record an appropriate instrument of release of thfs Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as spedfled herein. 13. ~ REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"1"Owner", or by any successor or successors bn title or by the assigns of the parties hereto.• Enforcement maybe sought by an appropriate action at law or in equity to secuxe the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Gamer" shall have thirty (30) days after delivery ~of notice of said breach to correct the same priox to the non bzeaching party's seeking of any remedy provided for herein; provided, howeaer, that in the case of any such default which cannot with diligence be cured within such thirty (30} day . period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and cox-tinuity, then the time allowed to cure such failure maybe extended for such period DEVEI.QP~VIBNT AGREEMENT (AZ00-004) - 8 i ~ as maybe necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of dvil disobedience, strikes or similar causes, the tune for such performance shall be extended by the amount of time of such delay. 14. SURETY OP PERPORMAIUCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City°. 15. CERTIFICATE qF OCCI,JPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed inn a phased developed; and in any event, nv Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ~ ASIDE BY ALI. CITY ORDAV.ANCES: That "Developer"/"Oamer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ord~ixiances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: ' DEVEIAPMENT AGREEMENT (AZ-00-004) - 9 CITY: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian,l:D 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave: Meridian, ID 83642 OWNEIZ/DE'VELOPER Overland 16, L.L.C. 6223 N, Discovery Way Boise, Idaho 83713 17. I A party sha11 have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: ,Should any litigation be commenced between.the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be gxanted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. I9. Ti~VIE IS OP THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default ur-der this Agreement by the other parry so failing to penForm. 20. ~ BINI;)?IlVG UPO1V S[]CCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and~personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person D~VEI,OPMBNTAGREEIVISNT(AZ-00-004) -10 acquiring an interest in the "Property". Nothing herein shall in anyway prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefltted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of texz~nifiation of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. ~ YNVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. ~ FIl\l~lL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions yr understanding, either oral or written, express or implied, between "Owrler/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and puxsuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22. ] No condition govemirtg the uses ancleor conditions governing development of the subject "Property" . herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisi®ns provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPLVIENT AQREEMUNT (A~00-~4) - 11 • 23. EFFECTIVE DATE OE AG~REENIENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk DEVELOPMENT AGREEMENT (AZ-00-004) ~ 12 ACKNOWLEDGMENTS IN WITNESS W~IEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OVERY.AND 16, L.L.C. BY: Man ng Member Att t: M er BY RESOLUTION NO. Attes City Cleik 22 BY RESOLUTION NO.~J CITY OF MERIDIAN BY; a or Robert D. Cowie A ~~r V" ~ ~~ i L st,,-~~ ~' 9„ `fir ~ •, ~~ `~l .~ ,,~~I/Ill1q~~ t~t1~S~~~,'``` DEVF.~.OPA~NTAOItEEMENIT (A~00-004) -13 ~ ~ --- sTA~ ol~ I1aAxo covN~ o~ ADA :ss On this~S day of ~ , in the yeaz 2~ 0~~ e~ 6- e~/ Cat- c.,'I~DalA,e~+Fra~d tary Public, personally appeared f ~~ ~~it~ •~~ ~ , known or identified to me to be the Managing Membe of overland 1.6, L.L.C., who e~ceeuted the instrument on behalf of said Limited Liability Corporation and aeknowl~d .~,~. ,,;~ie~lta~-ing executed the same. ....~.._ {SEAT.) sTA~ o~ County of Ada g; pU$ 4~G . 6 !~ ,; `~ .A ~ ~ a ~~ T• \ , 9 tary Public for Idaho Commission expires; ~ ~ "d~ ;ss on this ~ ~~ ' day of ~ , in the year 2000, before me, a Notary Public, personally appeared Robert I). Coxrie and William. G. Berg, lalow or identiRed to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and_ aclrnowledged to me that such City executed the same. (SEAL) }'1...-_ Notary is f aho Commission expires: 'Z~~f3b DEVELOPA~iENT AGrREF~VlENT (AZ-OU-004) -14 • • EXHIBIT A Legal Descriptaion Of Prover~t~.- A parcel of land including a portion of the right-of-way of Locust Grove and pverland Road, lying in the NW l/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follo~avs: Commendng at the northwest comer of Section 20, T. 3N., R. lE., E.M., the REAL POIN'T' OP BEGINNIlVG of this description; 'T`hence S 00°34'14" W 970.53 feet along the west line of the NW 1/4 to a point; Thence N 89°S 9' 19° E 849.95 feet to a point on the centerline of the Hunter Lateral; Thence fiT 05°29'17" W 140.30 feet along said centerline to a point; Thence N 16°14'08" W 216.98 feet along said centerline to a point; '1"hence N 18°27'39" W 470.81 feet along said centerline to point; Thence N 07°06'04" W 175.77 feet along said centerline to a point on the centerline of Overland Road, which is also the north line of said NW 1/4; Thence N 89°52'l9" W 595.39 feet along said north line to the REAL POINT OP BEGINNTN'G of huts description; Said parcel of land contains 16.119 acres more or less. I)BVELOPMENT AC}REEMENT (AZ-0O-'004) -15 January 5, 200b MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT ITEM NO. S-~ REQUEST Approve contract for Water Reuse Permit Application and Demonstration with HDR Engineering, Inc. for ~30,OQQ.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: see attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERID{AN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials• Materials presented at public meetings shall become property of the City of Meridian. Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 01 /03/2007 Re: Proposed Agenda Item for January 9, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 9 City Council agenda, under Consent Agenda, for Council's consideration: Water Reuse Permit Application and Demonstration HDR Engineering, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $30,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services to prepare a reuse application to the Idaho Department of Environmental Quality. This will include the identification of the rates of irrigation water demand and consumption for sizing the facilities and discussion with the Department of Environmental Quality about implementation of water reuse facilities in the City of Meridian along with the application for a reuse permit. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Water Reuse Permit Application and Demonstration with HDR Engineering, Inc. for $30,000 and authorize the Mayor to sign it. License Agreement for the 2006 Trunk Sewer Project A request for a license agreement with the Nampa and Meridian Irrigation District for construct sewer line within the Purdam Drain has been received by the Public Works Department. This license agreement is necessary in order to construct the 2006 Trunk Sewer. Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement to construct sewer line within the Purdam Drain and authorize the Mayor to sign it. • Page 1 Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 TASK ORDER NO.1 CITY OF MERIDIAN (OWNER) AND HDR ENGINEERING, INC. (CONSULTANT OR ENGINEER) This Task Order is issued by Owner and accepted by the Consultant pursuant to the mutual promises, covenants and conditions contained in the Master Services Agreement between the above named parties, dated December 2006. SCOPE OF SERVICES CITY OF MERIDIAN, IDAHO WATER REUSE PERMIT APPLICATION AND DEMONSTRATION BACKGROUND In the 1990s, the Treasure Valley, Idaho was the fourth fastest growing urbanized area in the United States by percentage. Idaho is the sixth fastest growing state in the nation at nearly double the national average growth rate (10.4%). Meridian has been at the center of this rapid growth as the number of building permit applications had increased approximately 50 percent from 2003 to 2004. This rapid growth has challenged City infrastructure managers to increase capacity of City public works services. The rated capacity of City of Meridian Wastewater Treatment Facility is currently 5.5 mgd. In June of 2006, the plant influent flow rate increased to a monthly average of 5.43 mgd. In August of 2006, the monthly average plant influent flow rate was 5.90 mgd. The maximum month flow rates are usually in August or September and flow rates greater than 5.5 mgd may occur (September data were not available at the time this report was prepared). The current NPDES discharge permit limits effluent flow rates for both the Boise River Outfall and the Five Mile Creek Outfall to a combined maximum of 7.0 mgd. As a result, wastewater managers have been concerned about the capacity of the wastewater treatment facility, current NPDES discharge permit limitations, and requirements in the future pending NPDES discharge permit. The reuse of municipal wastewater effluent presents an interesting opportunity for the City of Meridian. Class A reclaimed water, available with minimal upgrades at the wastewater treatment facility, could be used in the north Meridian area for irrigation of open areas and parks. For example, the irrigation system at the Lake View Golf Course (formerly, Cherry Lane Golf Course) has been identified as needing replacement and the City Parks Department reports that the cost of replacing the irrigation system is between $1 million and $2 million (2002). The City has recently constructed a dual forcemain (10 inch and 16 inch diameter pipelines) from the new Black Cat Lift Station to the Wastewater Treatment Facility. The 16 inch pipeline is currently reserved for future flows. At some point in the future, the City may explore using this pipeline to convey reclaimed water from the Wastewater Treatment Facility to the Lake View Golf Course near the Black Cat Lift Station. The Heroes Park is located along Tenmile Road between McMillen Road and Chinden Boulevard. This park is north of the City's wastewater treatment facility adjacent to the alignment of the 18 inch diameter outfall pipeline from the wastewater treatment facility to the Page 1 of 10 December 18, Zoos M:\Proposals & Quals\water\City of Meridian\Meridian Reuse\Proposal\Reuse Task Orderl-2006-12-18.doc Boise River. This is the second outfall from the wastewater treatment facility. The primary outfall is to Mason Creek and the Boise River outfall is used infrequently. Use of reclaimed water presents an overall reduction to demand on other sources. Water rights for other sources, such as irrigation water rights from the deep potable aquifer, could potentially be transferred to a domestic beneficial use once an alternate source of irrigation water is permitted and delivered. Another benefit to the reuse of reclaimed water as a source of irrigation water is the reduction of phosphorus and nitrogen loading from the Wastewater Treatment Plant to Five Mile Creek and the Boise River; an important issue regarding the Boise River Total Maximum Daily Load (TMDL). A reclaimed water system could benefit City of Meridian in the following ways: • Offset the high potable water demand from non-potable irrigation demand on potable water supplies. • Protect valuable water rights for potable water supply, yet accommodate growth by making more water available for potable, domestic uses. The purpose of this task order is to prepare a reuse permit application to the Idaho Department of Environmental Quality (DEQ). Future task orders may include generation of plans, specification, and construction sequencing to implement the demonstration project. HDR proposes a three phase process for exploring the development of reclaimed water in-City of Meridian: Conduct early discussions about the advantages of irrigating with reclaimed water with the Meridian Parks Department and identify the rates of irrigation water demand/consumption for sizing conveyance, pumping, and disinfection facilities; 2. Conduct detailed discussions with regulatory agencies (Idaho Department of Environmental Quality) about implementation of water reuse facilities for City of Meridian and apply for a reuse permit for the selected demonstration site; and 3. Develop preliminary and final designs for water reuse distribution and residual disinfection facilities (future task order). PROPOSED SCOPE OF SERVICES The proposed scope of consultant services is to conduct the following tasks. Task 1. Establish Reclaimed Water Demand Task 2. (Future Task/Out of Scope). Develop Conceptual Design for Water Reuse, Treatment, Storage and Distribution Task 3. (Future Task/Out of Scope) Reuse Demonstration Project Construction Documents Task 4. (Future Task/Out of Scope) Reuse Demonstration Project Bid Services Task 5. (Future Task/Out of Scope) Reuse Demonstration Project Construction Support Services Page 2 of 10 December 18, Zoos M:\Proposals & Quals\Water\City of MeridianWleridian Reuse\Proposal\Reuse Task Orderl-2006-12-18.doc i ~ TASK 1. ESTABLISH RECLAIMED WATER DEMAND Objective. Estimate demand for potential reclaimed water demonstration site (Heroes Park) and apply for reuse permit. Approach. Before a conceptual arrangement for reclaimed water treatment and distribution facilities can tie developed, it is necessary to identify the location of potential customers and project the consumption. The following subtasks will be performed: Subtask 1.1. Meet with Potential Reclaimed Water Customer. Meet with the City of Meridian Parks Department to discuss the current cost and consumption rates of irrigation water and the opportunity to use reclaimed water. Subtask 1.2. Estimate Demand for Reclaimed Water. Consultant will develop projections of the quantity of reclaimed water that could be consumed at the demonstration site. Consultant will prepare report which summarizes demand. Subtask 1.3. Establish Agreement with Reclaimed Water Customer. Consultant will prepare a memorandum of understanding for the Public Works Department to execute with the Parks Department to deliver reclaimed water to the demonstration site. Subtask 1.4. Compare Reclaimed Water Demand to Meridian's Existing Municipal and Irrigation Water Rights. Consultant will present a summary of Meridian's municipal and irrigation water rights and compare the rights to instantaneous withdrawal with the estimated demand for reclaimed water at the demonstration site. Opportunities will be explored to transfer water rights from non-potable uses to the potable water use (municipal consumptive use) by replacing the non- potable use with reclaimed water. Subtask 1.5. Determine Phosphorus Reduction to Boise River via Reuse. HDR will determine the phosphorus load reduction to the receiving water that results from reuse of effluent at the demonstration site in lieu of conventional river discharge. This load reduction may provide the City with a phosphorus load credit for potential trading with other dischargers. Subtask 1.6. Apply for Idaho DE4 Reuse Permit. Using information prepared in developing the City's reuse scoping study, the Wastewater Facility Plan, and earlier tasks in this task order, Consultant will prepare an application for reuse perrr>it to the Idaho Department of Environmental Quality. The IDEA Guidance for the Reclamation and Reuse of Municipal and Industrial Wastewater (the Guidance) requires that a Preliminary Technical Report be submitted as the core of the permit application. A checklist, as provided in the Guidance, will be used to guide preparation of the report. A draft outline with comments of the Technical Report is presented below: I. Site Location and Ownership A. Site Location -HDR will update using the City's GIS database and Google Earth. B. Site Ownership -Meridian will need to provide copies of agreements for any leased land. Page 3 of 10 December 18, 2006 M:\Proposals & Quals\Water\City of MeridianWleridian Reuse\Proposal\Reuse Task Orderl-2006-12-18.doc •. ~~ II. Process Description A. Process Flow Description - a process flow diagram(s) will need to be included in the Preliminary Technical Report, provided by the City from the Wastewater Facility Plan. B. Land Application Site - HDR will compile a table listing management unit acreages and irrigation type. This information is readily available. Meridian will provide as-builts on the irrigation system (or irrigation pumping system and irrigated area) and other pertinent infrastructure, such as the Boise River outfall. III.. Site Characteristics A. Site Management History -HDR will use annual reports from the Parks Department and the Wastewater Department and other pertinent documents to discuss system history, as well as interviewing personnel familiar with the operations. B. Climatic Characteristics -HDR will obtain data from Agri-Met and other readily available weather station data. C. Soils -HDR will use previous Meridian studies, NRCS soil maps, on-site inspection and review of soils data from annual reports. D. Surface Water -HDR will use aerial photographs and on-site observations to describe surface water and potential influence of land application. E. Groundwater/Hydrogeology -HDR will conduct an updated well search of the area using IDWR database, describe hydrogeology based on existing monitoring well logs and annual reports. IV. Wastewater Characterization, Cropping Plan, and Loading Rates A. Wastewater Characterization -HDR will use data available through Meridian from annual reports and Wastewater Facility Plan. B. Cropping Plan -Not applicable. Crop is assumed to be turf for the demonstration site. C. Hydraulic Loading Rate -HDR will base loadings on Task 1 B results. Irrigation scheduling, fresh water management and non-growing season management will be described. D. Constituent Loading Rates -HDR will base loadings on Task 1 B results. Design limiting constituents will be described. V. Site Management A. Compliance Activities -HDR will summarize previous reuse compliance activities based on the existing NPDES permit and review of Meridian files. Page 4 of 10 December 18, 2006 M:\Proposals & Quals\Water\City of Meridian\Meridian Reuse\ProposallReuse Task Orderl-2006-12-18.doc • B. Seepage Rate Testing -Meridian will provide results from previous studies, if any, to HDR. No new testing is proposed as part of the Scope of Work. This may become a permit compliance condition. C. Site Management Plans -The results of Task 1 C will be incorporated into the Technical document. D. Monitoring -HDR will present proposed monitoring for the reuse permit. This section will discuss sampling frequency, constituents and methods, and interpretation of results. E. Site Operations and Maintenance -this section will serve as the outline to the Plan of Operation and will provide general information about responsibilities and overall operations and maintenance. A draft Preliminary Technical Report will be presented to Meridian for review and comment. Subtask 1.7. Conduct Quality Control and Quality Assurance Review. A quality control review of task deliverables will be conducted prior to release of deliverables to the City. City Responsibilities. City responsibilities are as follows: • City will attend meeting with potential reclaimed water customer (Parks Department). • City attorney will review draft memorandum of understanding (MOU) and prepare the final MOU for execution by the Mayor and City Council. • Provide information to complete the reuse permit application and the preliminary technical report beyond the information covered in the reuse scoping study and the Wastewater Facility Plan. • Attend reuse permit pre-application meeting with Consultant and Idaho DEQ. Assumptions. Assumptions are as follows: • One meeting with the potential reclaimed water customer will be required for obtaining irrigation demand information and to discuss the potential for receiving reclaimedwater from ;.the City. • Current water rights information is available from the Idaho Department of Water Resources or the City of Meridian. • No additional information will be required by DEQ for the reuse permit application and Preliminary Technical Report than already developed for the Reuse Scoping Study and the Wastewater Facility Plan. If additional information becomes necessary, either City will provide this information or contract with Consultant to prepare this information. • A Plan of Operation may be required by DEQ after the reuse permit application is accepted. This scope does not include development of a Plan of Operation. Products. Deliverable products are as follows: • Electronic copy of a draft reclaimed water memorandum of understanding. Page 5 of 10 December 18, Zoos M:\Proposals & Quals\Water\City of MeridianWleridian Reuse\Proposal\Reuse Task Orderl-2006-12-18.doc u • Reuse permit application to Idaho DEQ. • L~-,~ 11_.G~ TA5K Z. (FUTURE TASK/OUT OF SCOPE) DEVELOP CONCEPTUAL DESIGN FOR WATER REUSE, TREATMENT, STORAGE AND DISTRIBUTION Objective. Identify components of a reclaimed water system and prepare preliminary design of major reclaimed water distribution system components necessary to deliver water to an irrigation storage pond at the Heroes Park. TASK 3. (FUTURE TASK/OUT OF SCOPE) REUSE DEMONSTRATION PROJECT CONSTRUCTION DOCUMENTS Objective. Consultant will develop an overall configuration for a reclaimed water system demonstration project. Cost estimates and construction contract documents will be developed. TASK 4. (FUTURE TASK/OUT OF SCOPE) REUSE DEMONSTRATION PROJECT BID SERVICES Objective. Consultant will provide services during the bidding process to answer bidder questions, issue addenda, and attend pre-bid meetings. TASK 5. (FUTURE TASK/OUT OF SCOPE) REUSE DEMONSTRATION PROJECT CONSTRUCTION SUPPORT SERVICES Objective. Consultant will provide services during construction to answer contractor requests for information, review submittals, respond to change order requests, and support City inspection crews during construction. Page 6 of 10 December 18, Zoos M:\Proposals & Quals\water\City of Meridian\Meridian Reuse\Proposal\Reuse Task Orderl-2006-12-18.doc • • PROJECT SCHEDULE CITY OF MERIDIAN, IDAHO WATER REUSE PERMIT APPLICATION AND DEMONSTRATION The revised project schedule for performing the review work is as follows: Activity or Milestone Notice to Proceed (NTP) Kickoff Meeting Submit Draft Memorandum of Understanding to City Submit Reuse Permit Application to Idaho DEQ Other Activities (Future Tasks) Date i L January 15, 2006 January 22, 2006 February 26, 2007 March 16, 2007 To Be Determined Upon Negotiated Scope of Work Page 7 of 10 December 18, 2006 M:\Proposals & Quals\Water\City of Meridian\Meridian Reuse\Proposal\Reuse Task Orderl-2006-12-18.doc L~ COMPENSATION CITY OF MERIDIAN, IDAHO WATER REUSE PERNIIT APPLICATION AND DEMONSTRATION The estimated cost to complete this Scope of Work is presented in the table below. Task Labor Hours Task 1 -Establish Reclaimed Water Demand 210 Task 2 - (Future Task/Out of Scope) Develop Conceptual Design for Water Reuse, Treatment, Storage and Distribution TBD Task 3 - (Future Task/Out of Scope) Reuse Demonstration Project Construction Documents TBD Task 4 - (Future Task/Out of Scope) Reuse Demonstration Project Bid Services TBD Total 210+ HDR will invoice Meridian for professional services described in this Proposal on a time and materials basis. For Task 1 described in the Scope of Services, HDR estimates a professional services fee of not to exceed $30,000 without written authorization. from the City. For Task 2 through Task 4, scope, budget, and schedule will be negotiated later. Page 8 of 10 December 18, 2006 M:\Proposals & Quals\Water\City of MeridianWleridian Reuse\Proposal\Reuse Task Orderl-2006-12-18.doc ~~ REGULATORY GUIDELINES CITY OF MERIDIAN, IDAHO WATER REUSE PERMIT APPLICATION AND DEMONSTRATION Idaho Administrative Code 58.01.17, establishes the Rules for the Reclamation and Reuse of Municipal and Industrial Wastewater, including requirements for an engineering report. It is expected that the current Wastewater Facility Plan (prepared by Carollo Engineers) and the Reuse Scoping Study (prepared by Civil Survey) will fulfill DEQ's requirements for an engineering report. If not, a separate, out-of-scope engineering report may be required to fulfill the items included in this scope of work. The text for IDAPA 58.01.17, section 601.01 Engineering Report, are as follows. IDAPA 58.01.17 601.01 Engineering report. Engineering reports and application materials for new Class A effluent municipal reclaimed wastewater systems or major upgrades to Class A effluent municipal reclaimed wastewater systems shall be submitted to the Department with the application and must be approved by the Department prior to permit issuance. The engineering report shall include, but not be limited to, the following items as applicable: purpose; approach; development of alternatives; technical, financial, managerial, and legal issues; emergency response and security; operation and maintenance; pilot testing; client use issues; potential markets; potential sources of wastewater; public involvement and perception; targeted markets; allocation; preliminary investigations; staff development; treatment system upgrades to meet Class A requirements; distribution system development and schedule; new development infrastructure; reservoir or booster capacity; water balance calculations; costs; applicable regulations; and potential funding sources. This engineering report shall be stamped, dated and signed in accordance with Idaho Board of Registration of Professional Engineers and Professional Land Surveyors, IDAPA 10.01.02, "Rules of Professional Responsibility". Page 9 of 10 December 18, Zoos M:\Proposals & Quals\Water\City of MeridianWleridian Reuse\Proposal\Reuse Task Orderl-2006-12-1 S:doc U AUTHORIZATION CITY OF MERIDIAN, IDAHO WATER REUSE PERMIT APPLICATION AND DEMONSTRATION CITY OF MERIDIAN By: TAMMY de WEERD, MAYOR CONSULTANT LARRY V. HOFFM ,VICE PRESIDENT Attest: WILLIAM G. BERG, JR., CITY CLERK Page 10 Of 10 December ia, 2006 M:\Proposals & Quals\Water\City of Meridian\Meridian Reuse\Proposal\Reuse Task Orderl-2006-12-18.doc • • January 5, 2006 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT ITEM NO. Jr-.I REQUEST License Agreement with Nampa Meridian Irrigation District to Construct Sewer Line within the Purdam Drain for the 2006 Trunk Sewer Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: us WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cfly of Meridian. • Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 01 /03/2007 Re: Proposed Agenda Item for January 9, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 9 City Council agenda, under Consent Agenda, for Council's consideration: Water Reuse Permit Application and Demonstration. HDR Engineering, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $30,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services to prepare a reuse application to the Idaho Department of Environmental Quality. This will include the ident~cation of the rates of irrigation water demand and consumption for sizing the facilities and discussion with the Department of Environmental Quality about implementation of water reuse facilities in the City of Meridian along with the application for a reuse permit. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Water Reuse Permit Application and Demonstration with HDR Engineering, Inc. for $30,000 and authorize the Mayor to sign it. '~ License Agreement for the 2006 Trunk Sewer Project. A request for a license agreement with the Nampa and Meridian Irrigation District for construct sewer line within the Purdam Drain has been received by the Public Works Department. This license agreement is necessary in order to construct the 2006 Trunk Sewer. Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement to construct sewer line within the Purdam Drain and authorize the Mayor to sign it. • Page 1 C Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 • ~ LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2007, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an imgation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITIVESSETH: WHEREAS, Licensee is the owner of real property/right-of-way for a sewer line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as the PURDAH DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District`s easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its .activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a, through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement; and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT -Page 2 against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemriifica.tion provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, costand/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees. to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT -Page 3 • 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the -use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in'or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall. create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit. A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT sy Its President ATTEST: Its Secretary LICENSE AGREEMENT -Page 4 CITY OF MERIDIAN BY. ATTEST: STATE OF IDAHO ) ss: County of Canyon ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald Becker and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada ) On this day of , 200_, before me, the undersigned, a notary public in and for said state, personally appeared and ,known to me to be the and ,respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at ,_ My Commission Expires: LICENSE AGREEMENT -Page 5 Project: 11873 date: December 5, 2006 CITY OF MERIDItBN EXHIBIT A LICENSE AGREEMENT 2006 TRUNI6 SEWER PLANS PURD,4M GULCH DRdIN SEWER DESCRIPTION That portion of Sections 14, 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center North 1 /16 corner of said Section 15 from which the North ~/a corner bears North 00°36'49" East, 1,328.81 feet; thence North 89°15'10" West, 4.57 feet to the Westerly boundary line of Purdam Gulch Drain; thence along said Westerly boundary North 26 ° 23'44" West, 16.70 feet to the POINT OF BEGINNING; thence South 89 ° 15'07" East, 6.04 feet; thence South 27°02'06" East, 194.11 feet_ to Southwesterly boundary line of the Purdam Gulch Drain; thence leaving said Purdam Gulch Drain, South 27°02'06" East, 45.51 feet; thence South 61 ° 30'16" East, 10.02 feet to the Southwesterly boundary line of the Purdam Gulch Drain; thence entering the Purdam Gulch Drain, South 61 ° 30'16" East, 389.98 feet; thence South 69 ° 15'08" East, 400.00 feet; thence South 60° 56'OT' East, 400.00 feet; ' thence South 61 ° 26'45" East, 400.00 feet; thence South 60 ° 55'3b" East, 400.00 feet; thence South 60 ° 39'50" East, 298.87 feet; thence South 61°54'41" East, 106.65 to the Southerly boundary line of the Northeast 114 ,Section 15 from which the East 114 corner of Section 15 bears South 89° 14'34" East; 418.45 feet; thence continuing South 61 ° 54'41 " East, 130.92 feet; thence South 88 ° 53'08" East, 298.13 feet; thence South 87°29'17" East, 4.29 feet to the Easterly boundary line of the Southeast 1/4 of Section 15 from which the East 1 J4 bears North 00° 30'26" East, 62.10 feet; thence continuing along said line, South 87°29'17" East, 188.79 feet to the Southerly boundary line of the Purdam Gulch Drain; thence leaving said Purdam Gulch Drain, South 87°29'17" East, 73.79 feet to the Southerly boundary line of the Purdam Gulch Drain; thence entering said Purdam Gulch Drain, South 87° 29'1 T' East, 44.53 feet; thence North. 49 ° 56'26" East, 78.47 feet; thence South 89° 12'27" East, 18.68 feet to the Northeasterly boundary line of Purdam Gulch Drain, the POINT OF TERMINUS. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Gregory E. Holkesvig, P.L.S. ~-~~, EtIPJ~ 3'rr _ ~~5~~~yt~1°~~~~~~~~ .%~ ~~~ ~ + ` ~~ ~ ~~ JJ J t/~~ ~ ..., y i ~ l ~~~y~it.'' i~a ~~'~ f - ••bi .`'4t?±t i7 ~ sv ~~~ t7 l~ ~~ GEH:ihc P:\PHK\11873-Black Cat\Easements\Final Easements\Black CatlExhibit B-i.doc Exhi~it A, pagQ 1 J~ LEGEfVD ~ FOUND BRASS CAP r ~~ ~ FOUND ALIJMINUM CAP O FOUND 5/8" IRON PIN (NO CAP} ^~ N 1/a ccR. SEC. 15 LINE TABLE S i LINE BEARING AND DISTANCE r Ll N89'15'07"W 4.57 500 250 L2 N26'23'44"W 16.70' ' I °~ 0 n 500 , SCALE: ~ =500 1000 L3 L4 589`15 07"E 6.04' S2T02'06"E 194 11' L5 . S27'02'O6`E 45.51' L6 S61'30'16"E 10.02' w L7 561'30'16"E 389.98' -~'r P. U B l8 S61'15'08°E 400.00' ~ . , L3 L9 560'56'07"E 400.00" I :~ ~ , L70 S61'Z6'45`E 400.00' z ~~, ` L11 S60'S5'36"E 400.00' __._ - -. _ L72 56039'50"E 298.87' I L7 ~~ Li3 S61'S4'41"E 106.65' C N7/16 COR. ,~~~~ L14 L75 567'54'41"E 130.92' S88'S3'08°E 298 13' SEC. 15 , ~ L16 . S8T29'17"E 4.29' ~ L17 S$T29'17"E 188.79' L18 587'29'17"E 73.79' l19 S87'2917 E 44.53' L20 - - _ _ N49 56 26 E 78.47 '- - - _ _ _ _ L21 589'12'27' E 18.68' A I ~~ I I SEE DETAIL "A" ~~ A~ Q THIS SHEET ~Qq I Q I 2/ o c .,~9 U~cy I .` I ~ S 1/4 COR. I `~ 4TH SEC. 15 ~ .\ I `~ ~~~ ~E 1/4 COR. SEC. 75 DETAIL "A" ,~9000U4PNY.N~ ~~~~NAW~6T J~49 ®IG~E@Ae. W. A.W IS NOf TO FON ANY OTH6i PNOJHCTYJRH0U1'THH E'~NH88'MitlT~i F .tUil{pA11gTiON ~F YUA HRGN98p,, C~°. ~~3 L14 17 L18 --__ L79-_- L16 s I \ o~~'~' LA~y® ~5~ ~~ 15 TES S 1 a~O.I~~ 6 yi ~~C ~pE' 0 F ~~~ S,\~ o'~Y f. H 0 ~-~~ ~- C! i Y OF ME~tIDiAtV SHEE ~° ~ EXHIEIT A-LICENSE AGEEII~ENT 1 ~,,, ,_ ~~ 2006 TRUNK SEWER PLANS of PURDAH GULCH DRAIN SEWER DESCRIPTION ~ Exhir~it A, page 2 . - Project: 11873 Grantor: Nampa-Meridian Irrigation District Date: December 6, 2006 CITY OF MERIDIAN EXHIBIT A -LICENSE AGREEMENT 2006 TRUNK SEWER PLANS PURDAH GULCH DRAIN SEWER DESCRIPTION That portion of the South. %z of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Center ~/a of said Section 14 from which the South ~/a corner bears South 00°35'50" West, 2,657.09 feet; thence South 02°28'47" West, 1,555.91 feet to the Southerly right-of-way line of Interstate 84, the POINT OF BEGINNING; thence entering the Purdam Gulch Drain, South 00°00'00" East, 90.38 feet to the Southerly boundary line of said Purdam Gulch Drain, the POINT OF TERMINUS. Prepared by: J-U-B ENGINEERS, Inc. Gregory E. Holkesvig, P.L.S. ~D 6T^ k t. 2./blo4~~3 ~,~U '~ OF 1~~" Q,S GEH:Ihc P:\PHK\11873-Black Cat\Easements\11873PURDAM GULCH DRAIN 5-14.doc Exhiioit A, page 3 ~.~..~~,~~ A. Page Exhibit B EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: 1. construct, install, maintain and repair a sewer line within the District's easement for the Purdam Drain; and 2. construct, install, maintain and repair a sewer line across and under the Purdam Drain at three locations and within the District's easement for the Purdam Drain, all within Licensee's right-of-way, generally located southwest of the intersection of Ten Mile Road and Overland Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Purdam Drain or the District's easement. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with those portions of certain plans consisting of six sheets and attached hereto as Exhibit D-1 and incorporated herein by this reference. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. c. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. e. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance LICENSE AGREEMENT -Page 6 of this agreement unless the District~shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim ,action or requirement. f. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. g. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. h. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Purdam Drain except as referred to in this agreement or exhibits thereto without the prior written consent of the District. i. Licensees acknowledge and confirm that the District's easement for the Purdam Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Purdam Drain, and to access the Purdam Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. Construction shall be completed one year from the date of this Agreement. Time is of the essence. 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I:: : ~~ :: :: i ~~ ~ : :: ::1: ~-:I~ I ::9: ti :;: . ~: :: ::' ~ S .YATCN , ~ SIR:lT ~ u ST -. .. .. :: . . :. :. .. :. .. ..- ~ °~ rv S ~e ~ ~ ~ ~ w z ~ ~~1I ~~®~ ~ ~ ~ s ~ CITY OF MERIDIAN 2006 TRUNK SEW ,;,,~ " ~ ° p~ S g ~ ' R ER PROJECT m° °~ ~~ mm~tiav®uma~ e°~~°m~^ aemem.4 cmowmv ~ ~ ~ g gg ®0 S SCHEDULE C-BLACK CAT9EWER•PNASE3 A PLAN AND PROFlLE STA 1 ' ~ . 0100.00 TO 6 TA. 23x00.00 Exhibit D-1, page 4 - • R/f! r I I ~~~ ~~ ~u ~~r ,~ ~~ ~g ~--~> ~ ~~r ~~~ ~~~~~ ~~~~ ° ~~~ >s ~~~~~~~ ~~ ~ ~ ~ ~~~ ~~ ~ ~ ~ ~ ~~ ~~TC4 J-U-B ENGINEERS, Ina ~ ~ 250 S. Beachwood Avenue 3u8a 201 ~ Bolee, Idaho 8370&0944 rnmre: zm.aTaTaao Fac2aB.32J.H33a ~ mnrh[b.mm ey .. .. ..: .. .. a ~ :. ~ .T ~n.~ ~ ~ ~ ~ ~~ bS ~ Sg ~ ~s~~ sl ~~ . ~ c r 3 . m .. .. .. .. ~ ~ ~ ~m 6~ y k B~~ ^' I r :: : :: .: ~ : ~ ~ ~ fir y "'' -~ ~~ ~~~ ~.~~~~ . ~ " ;, ~ ` ' ~ ~ i ''~ 8 ~ ~ a~ ~ ~ ~~ ~ ~~ ~~ ~ ~ r ~ N ~ S ~ ~ ~ ~ O A p fU" ~ • gg .. .. ~ ~' ~ ~A o _ 3TA ]9im ~ ~o C~ : .PAT. . 8 j9 Cij,. 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I::: ~ IS~: : ... .... .... .... .... .... . . ... ... 6~ ~ ~ m . . :: ': ... ... 1:: :: .... •• .... .. .... .. .... .... ~ ~ z . ~ I ... .. :: :I .... :: . :• .... ~ :: . _ D, .. { .. .. .. ^'"' : : ' I ' : :: ~ w : ::: • :: :: : ..: ~ : ~ ::: I:::I :::: .... ... ..... ~ . 5 ... .. .. .. .. . :: :: .... .. ~ ~.. ::: CITY OF MERIDIAN 206 TRUNK SEWER PROJECT MISCELLANEOUS DETAILS Exhibit D-7, page C: ,~ Im ,o c :~ ,~ ~I m D C"l C7 D -i m v x b !n m w ~, 1= -- _ ~c_ __"_- o ^ --'~--~- -- c ; ~n ' l7 .-__ __i,__ _y_m..._.._,s ___ I W ~~ emasare e~ ~ _ D ' ~ ~ ~ ____,._ -,_m _____re__.. ~ ~~ n ' D ~ i ~ ~ m ~ tx1* ~ B ~ = 1 ~ i G ~D (/I -----'°---~-~'-°---`° ~ ~_ _. m I I a~~ ~~ ~ J-U-B ENGINEERS, Ina 250 S. 6eechwood Avenue Suite 201 l3oiae, Idaho 83708-0444 zaa.~~erxw r~ 2oe.wssse mw.lupmm ~- I ~c ~ ~~ ~ , ~; ~',. • January 5, 2~6 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT ITEM NO. S-K REQUEST Pump Station Operation and Maintenance Agreement with Nampa Meridian Irrigation District for Seasons Park AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: us WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See atMched Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAV10 NAVARRO AMOUNT 2f.OB BOISE IDAHO 03/12/07 08:12 ANI DEPUTY Bonnie OberbilNg RECORDED-REQUEST OF I~< <~'~'I'~~~OI~.~~LI'lll'I~~II~I I ~~'~~ Nampa Meridian Irrigation Dist 107@34589 PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR SEASONS PARK Y. DEFINITION. In this Agreement certain words appear which have the following meaning: "'Owner" or "Owners" means the City of Meridian, a municipal corporation, the owner of the land to which irrigation water will be distributed by the urban irrigation system that is the subject of this Agreement. "Agreement" means this written and signed Agreement (contract} entered into between the Owner and Nampa & Meridian Irrigation District. "Subject Property" means the real property commonly known as Seasons Park and more specifically described in Paragraph 2 below. "NMID" means Nampa & Meridian Irrigation District. 2. PROPERTY COVERED BY THIS AGREEMENT. This Agreement is intended for the benefit of the Subject Property which is more particularly described as Lot 2, Bock 4, Tricia's Crossing Subdivision, according to the official Plat thereof, filed in Book 90 of Plats at Page 10615, official records of Ada County, Idaho. 3. PUMP STATION. The pump station, pumps, electrical panels and related fixtures to serve the Subject Property is or will be located in Seasons Park. The Owner will provide all labor, materials and equipment necessary to construct the pump station, pumps, electrical panels PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -PAGE 1 and related fixtures. The work will proceed according to the specifications of NMID in effect at the time the work is done to the satisfaction of the Water Superintendent of NMID with his prior consent and approval. 4. GRANT OF EASEMENT. Owner hereby grants to NMID a perpetual easement for ingress and egress to the pump station to install, maintain and operate the pump station in Seasons Park as more particularly described in Exhibit A which is attached hereto and incorporated herein by reference. This easement shall be perpetual and continue so long as it may be necessary and required by NMID to operate, maintain and repair the pump station and is binding on Owner, its successors and assigns. 5. OWNERSHIP. Owner intends to construct own, operate, maintain, repair and replace the pressurized irrigation distribution system which will be located within the Subject Property. NMID shall own, operate, maintain, repair and replace the pump station, pumps, electrical panels and related fixtures. The system owned by NMID does not include any pipelines, connections, valves or fittings installed within the Subject Property to distribute irrigation water. b. IRRIGATION WATER NMID will provide irrigation water to the pump station during the regular irrigation season. The irrigation water to be provided to the Subject Property shall be in the amount and in accordance with the water rights of the Subject Property. Owner will then be responsible for distribution of the irrigation water in its own distribution system within the Subject Property. 7. OPERATION AND MAINTENANCE; AGREEMENT FORASSESSMENT FOR OPERATION AND MAINTENANCE. Owner agrees that NMID may levy and collect annual assessments against the Subject Property to defray the cost and expense of the operation, maintenance, repair and replacement of the pump station and facilities owned by NMID to the Subject Property. If additional land other than the Subject Property is served by the pump station, such costs will also be levied and assessed against each tract of land served by the pump station and irrigation system owned by NMID to defray the cost and expense of such operation, maintenance, repair or replacement by NMID. The Board of Directors of NMID shall apportion to each tract of land a portion of the cost of operation, maintenance, repair and replacement of PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 2 this irrigation system, on the basis of the ratio between the acreage in that property and the total acreage in all properties served by the pump station and distribution lines. 8. WAFER QUALITY. Neither Owner or its successors and assigns shall make any cross-connection or tie in or allow across-connection to exist between pipes or conduits carrying domestic water supplied by any public or private water service system, and any pipes, conduits or fixtures containing or carrying any used water, irrigation water, or any water or substance from any other source whatsoever, without prior approval of NMID. 9. NO LIABILITY FOR LACK OF WATER. The parties acknowledge that the availability of irrigation water is not always reliable. Irrigation water may not be available due to drought, harsh weather conditions, governmenta•1 actions or other causes. District shall have the right to shut off the irrigation water supply to the Subject Property or any part thereof, at any time, without notice, for repairs or any other maintenance and operation procedures, including but not limited to the end of the irrigation season. District shall have no liability whatsoever to Owner, a tenant or others for any damages to, or loss of lawns, landscaping or the tike caused from shutting off the irrigation water supply or for lack of water. flQ}. SUPPLEMENTAL WATER. Supplemental water (water provided both before and after the regular irrigation season) may be provided to the Subject Property by the City of Meridian. The City of Meridian will not charge NMID for any of the costs associated with the City of Meridian providing supplemental water to the Subject Property. fl 1. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. 12. GOVERNING LAW. This Agreement shall be construed under, and governed by, the laws of the State of Idaho. fl3. BINDING EFFECT. This Agreement shall bind the parties hereto and their respective heirs, personal representatives, successors and assigns. PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 3 have hereunto c'a`used WKE~'~OF~ the pa~,ies IN wITNBSS , 200 (~~ day of subs~xibed this ~r B CITY OF MERMAN TH .. By ~1erk A~~T. theix na1°nes tO be d,~x ~ . ~ ,~..-o? Ey ~' .. ~ ~`~, ~~ ti .~ = xCz ,, ,4 ~ ~~ LRRI _lta~ ,~ ., By Gf"' ~~~. pp1CE pG~EM'~NT page 4 ~r1TEN r g-fpT10N OpERpTtON ANA piSMi' STATE OF IDAHO ) ss: COUNTY OF Ada ) On this day of ~ 0~'-~ltGv~ 200 C~? , before me, the undersigned, a notary public in and for said state, personally appeared TAMMY DE WEERD and 1/~(ii,1,1(~v~tC1.t~~~,~/~ ,Mayor and City Clerk of the City of Meridian, know to me to the Mayor and City Clerk of the City of Meridian that executed the foregoing instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in thi~~~ificate first above written. ®- ~- ® ® I ~"'" g m Notary Public for the State of Idaho ® ~~~ ~ ®® Residing at ~ G - .oQ ,Idaho ®~ ~~'°®® My commission expires: 1 D- I S- ( ~ STATE OF IDAHO COUNTY OF CANYON ss: On this ~ day of `~(' ____,'200 ~ ,before me, the undersigned, a Notary~~jublic in a d f r said State, personally appeared D~.f_ru G( 0~~+~. and X11 Q~{c~/l ~~. ~~. Y, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. o~p0earoeayQS ~ . po. ° °°a'f' °oe ~-+ a Notary Public for Idaho ~° ~oT.4,Q}„ °; ~ Residing at ~Q;~~ t',[.t}P~Q. ,Idaho .~~~ t g ° a My Commission Expires: ~ ZO~o'Z ~°iJ~1.1G °tl-A~ a~ ~0 00000 °O~ ~~ OF 1'4 ~°a°oo PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -PAGE 5 .~15. ~4~6 1 ~ 2ZPM MASON °~ RSSt3C'Ih e ~'~ N0.374 . P. 2 ' '. . , . =3 , . ";~ ~, ~ ~ .~, ¢p ~ ~.° ` ~' ~ t~~o~2ss~nal~:~ii~~f~ ci Suriiryors ~d Ptanraers •°'°{ ~ ~ - - ~----""°' ~9~ ~ Vii. Gdc~v2lf, ICJ X06 ,~~ _ ~ :.. .? :St.; is-~T: _ • .i [ i yy..,~ ' r .. - ,. t ~, eae~ I~-in„ in lrut Z, Else ~• of T'ricia's ~ssi~ be~sag a .~ af~e ?~1/~ ~~. 4, Tom 3 P~'ox~, e 1 Wiest, IIoise A/~.~±diaa, .~ C~tmty Idaho, mare ~~ -~ • as fvllnr~s: ~ ~ ~ : •• ~• • ~` ' Coa~.at fie southeast corner ~oz said S~1/~ m.~rritu~feii; ~ ~ a 3-~ch brass iiis~ •~~ .. r ,i x. .. .Them Tfi. ~° ~~' 21'° E a dis~o~ ~f Z~3.40 feet al • ~ ~~st odsr~ of ~c1' NE1Y~ to ~ Sly. inelC~n~ia;, ' .t ~~ :~' i'. ''' r ,,. Thence 3d. $~°' i~a Z3"'~., a dig~ace of 71~i ?c fs.~t:a~~ae sota~ ~one~iy o~Tricaa's ~.ivisiom•~To: 2 ~ a ~~ an the northerly i*ouadaty of T~eis.'s ~ . ' x3aontun~bed, with a Sf~ iact- . lain; : ` '~~ ' ~ : ~ ~ - - . . ',. '~ • , Tl»e~ce ~J. 5'7°'41' ~~" ~., a ~tistaraoe of X13.96 £~ along•said'~artherly bot~~ry o#?aicia's ~mssiiig ta? tae a~o~rly ct- of said %,at 2., said ctrmer:mon ~wsth x.1/2 itch iron ~; . ~ .. ~ ..::'~ .: ~ ~' 't:,..~.~ ',. . J Thence I~. 57° 41' 45" ~'., $ dis~'~ncc3 of 4~.A5 ~~~aiong the ,no~eidy ~9 ~f saad'Id~t Z #o Vence $. 32° 1 ~' ~ 15" ~T., a d~~ ~, t3i~.9'? het #~ a P9~ ~ . ~ . ~ . :. ~'~. .~ 'Thencs N. 5'7x:41' ~•~' ~., a distanee oz 7.40 stn ago~~ ~ .,~ ~ ~ ~ . . 'Theme hi'. ~2° ~ 3' 1 ~" E., a ciist~sce a~;i0.97 #eei io a point; ' ~ . . Thence S.. 5?~ ~1'~ 45" a., a riist~.c~ cf 2~.'(#J #~t ~ 'the ' ~~ ~~. • ~~7"s T~: ~ ev..' .ts of ~ aad easemer~ of rte. or ~ ~ an the a~ve.ised 1 of mad. l~iTA ~.3 h10.3tA :~ i I ! y "a m ~ ~ -l { } 1~ ~ j ~~~ ` -„`r- 1~•~? i ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 12.00 ~ BOISE IDAHO 08f12i07 08:12 AM RECORDED~REOUE8TOF ~I.~ I''I'I~"'~~II~I'`'~~'~I~'I~~~~~~~ ~~~~ Nampa Meridian IrrigaDon Diat 107834590 BILL OF SALE FOR PUMP STATION IN SEASONS PARK KNOW ALL MEN BY THESE PRESENTS, That on this day of 200 ,THE CITY OF MERIDIAN, an municipal corporation, hereinafter referred to as "Seller", for good and valuable consideration, the receipt of which is hereby acknowledged from NAMPA & MERIDIAN IRRIGATION DISTRICT, hereinafter referred to as "Buyer", and does by these presents Grant, Bargain, Sell and Convey unto Buyer, and its successors and assigns, the personal property listed as follows: The pump station, pumps, electrical panels and related fixtures located in Seasons Park, a legal description of the location of the pump station is more particularly described in Exhibit A attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same to Buyer, and its successors and assigns forever; and Seller does covenant and agree to and with Buyer, and its assigns to WARRANT AND DEFEND the sale of said property, goods and chattels hereby made, unto Buyer and its successors and assigns, against all and every person and persons whomsoever, lawfully claiming or to claim the same. IN WITNESS WHEREOF, Seller does hereunto set its hand the day and year first above written. By BILL OF SALE -PAGE 1 ~ ~~ g, ~ ,. rrrrrrrii rt ~i»tri G,•~--wt, l-'I~o 7 `.~' THE CITY OF MERIDIAN STATE OF IDAHO ) ss: COUNTY OF Ada ) On this 2~~~'~ day of ~/Vltd.~Lr~, 200 b~1, before me, the undersigned, a notary public in and for said state, personally appeared TAMMY DE WEERD and It~S~,iti~u~l~ • ~~~~: n'~^~• ,Mayor and City Clerk of the City of Meridian, know to me to the Mayor and 'City Clerk of the City of Meridian that executed the foregoing instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at " i'YI,Zt Inc, ,Idaho My commission expires: l D - (5-11 BILL OF SALE -PAGE 2 5.20@6 .t . , } . 1= ~1PM MASON « ASSO~'IF r ES N0.3~4 , I'. 2 ' Professarial•~Fs' igt~e~xs, iii Suiveyor~ and Planners •.•~•-~ ~: ,. -. °-..µ..~' ` ' • :: ,. 31 ~ ~liola SG ~Ca~d~+ell, Ili 836D5 ~~ 9 ~ ~ • ~-():-ode ~ >=~x~(~s) a~a-~7~ • .v F~O~: ~ }'mks ~ } :. ~ ' • '•' ~` ,::: ~.'r a. :~ D~,T'L'~: August I5, 206 .. r •~~°~ ~f~Q6 ® . ~,.~.~NT D~~1~' . ;~ ' 7 , ~. ,:' ,A~, ~ lye iza I.ot 2, B1~clc 4 of Txicia's ~ossiag >x a ptii~o~ Qf tie I~1Ts114'S~cu 4, To~vnsl?ip 3 Nordh, I[tange 1 '9Uest, Z~oise I~esidian, Ada C~tmjfiyy Idal~, more pa,rp~culaz'ly. d~scn~. • as fis1:C~rus: ~. ~ . • .. ~ .. • ~ act the southeast Darner ~+f said NEI./4 ffiaut~d;~cvi#>a a 3-mah baass il~• Tke~ce I~. ~°:38',21" ]E, a distaut~ ~f2~3.00 feet ai0ng'-~e'east'I~o~dat9; ofsaid'NEl%4 to a 5!>~ i iron gin;, ~ ~' ~ ' °; ,. ~, Thenck. ~T. ~9°' 1$°' 2,3'° '9v., a distance of 71 ~.2$ feet almmg the. ; ~~o: ~=Y a~ Tricaa° s ~t~i~risic~;IeTo: 2 ba a ~~ on the northerly lsovndaty of Tx~sa°s C • ~n;~num~ed w~itth~a 5/8 inch ir~n~piat; ,. ~ .~ . .. ~ • , ~ , :. . . o ~ ~ said nortllexly bouud~.y of Tiicia's Theuce.~. 57 '41 4S ~TJ., a dise of 613.6 feet along C~+ossii~g to the rwtth~terly ~' of said. lit 2, said coffiex ~onuuit~~vit$. a 1/x i~iah iron pua; _ ~ 'f ' .. Thence N. ~?° 41' 45" ~., a dime of 48.05 a1on8 ~ ~~' bout>~ ~ said Iat 2 #~a • MSG ~J111 ~~ ~YUYKy • ~ . i, T~PIICB a7. ~2~ 18'' ~ ~" ~., a dac:-e Ci3`~ t~Ci.~`;' ~$ t~ S ~~ Tlneaa3 N. S'7°.41' ~FS'° 'SW., a dastan~ of ?.4A0 feet to a poiaic~ :: i"~ Theiace N'. 32° 1>3' 15" 1E, a disran~ of 60.9? feet to a poitrt; ' • .. . Thesace S, 57° 41'• 45" E., a distance of 2~-i30 feet to the ~~ ~'. • ~1~T '~'~: ATl e~istiug rigl>~ of ~y and eascrnents of d or implied _ on the a~ve-d~rfbed pa~Cel mf lead. EzHOeiTa ~,~~ P.3 ,15.206 ~' i • • PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR SEASONS PARK 1. DEFINITION. In this Agreement certain words appear which have the following meaning: "Owner" or "Owners" means the City of Meridian, a municipal corporation, the owner of the land to which irrigation water will be distributed by the urban irrigation system that is the subject of this Agreement. "Agreement" means this written and signed Agreement (contract) entered into between the Owner and Nampa & Meridian Irrigation District. "Subject Property" means the real property commonly known as Seasons Park and more specifically described in Paragraph 2 below. "NMID" means Nampa & Meridian Irrigation District. 2. PROPERTY COVERED BY THIS AGREEMENT. This Agreement is intended for the benefit of the Subject Property which is more particularly described as Lot 2, Bock 4, Tricia's Crossing Subdivision, according to the official Plat thereof, filed in Book 90 of Plats at Page 10615, official records of Ada County, Idaho. 3. PUMP STATION. The pump station, pumps, electrical panels and related fixtures to serve the Subject Property is or will be located in Seasons Park. The Owner will provide all labor, materials and equipment necessary to construct the pump station, pumps, electrical panels PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -PAGE 1 • and related fixtures. The work will proceed according to the specifications of NMID in effect at the time the work is done to the satisfaction of the Water Superintendent of NMID with his prior consent and approval. 4. GRANT OF EASEMENT. Owner hereby grants to NMID a perpetual easement for ingress and egress to the pump station to install, maintain and operate the pump station in Seasons Park as more particularly described in Exhibit A which is attached hereto and incorporated herein by reference. This easement shall be perpetual and continue so long as it may be necessary and required by NMID to operate, maintain and repair the pump station and is binding on Owner, its successors and assigns. 5. OWNERSHIP. Owner intends to construct own, operate, maintain, repair and replace the pressurized irrigation distribution system which will be located within the Subject Property. NMID shall own, operate, maintain, repair and replace the pump station, pumps, electrical panels and related fixtures. The system owned by NMID does not include any pipelines, connections, valves or fittings installed within the Subject Property to distribute irrigation water. 6. IRRIGATION WATER. NMID will provide irrigation water to the pump station during the regular irrigation season. The irrigation water to be provided to the Subject Property shall be in the amount and in accordance with the water rights of the Subject Property. Owner will then be responsible for distribution of the imgation water in its own distribution system within the Subject Property. 7. OPERATIONAND MAINTENANCE; AGREEMENT FORASSESSMENT FOR OPERATION AND MAINTENANCE. Owner agrees that NMID may levy and collect annual assessments against the Subject Property to defray the cost and expense of the operation, maintenance, repair and replacement of the pump station and facilities owned by NMID to the Subject Property. If additional land other than the Subject Property is served by the pump station, such costs will also be levied and assessed against each tract of land served by the pump station and irrigation system owned by NMID to defray the cost and expense of such operation, maintenance, repair or replacement by NMID. The Board of Directors of NMID shall apportion to each tract of land a portion of the cost of operation, maintenance, repair and replacement of PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 2 • this irrigation system, on the basis of the ratio between the acreage in that property and the total acreage in all properties served by the pump station and distribution lines. 8. WATER QUALITY. Neither Owner or its successors and assigns shall make any cross-connection or tie in or allow across-connection to exist between pipes or conduits carrying domestic water supplied by any public or private water service system, and any pipes, conduits or fixtures containing or carrying any used water, irrigation water, or any water or substance from any other source whatsoever, without prior approval of NMID. 9. NO LIABILITY FOR LACK OF WATER The parties acknowledge that the availability of irrigation water is not always reliable. Irrigation water may not be available due to drought, harsh weather conditions, governmental actions or other causes. District shall have the right to shut off the irrigation water supply to the Subject Property or any part thereof, at any time, without notice, for repairs or any other maintenance and operation procedures, including but not limited to the end of the irrigation season. District shall have no liability whatsoever to Owner, a tenant or others for any damages to, or loss of lawns, landscaping or the like caused from shutting off the irrigation water supply or for lack of water. 10. SUPPLEMENTAL WATER Supplemental water (water provided both before and after the regular irrigation season) may be provided to the Subject Property by the City of Meridian. The City of Meridian will not charge NMID for any of the costs associated with the City of Meridian providing supplemental water to the Subject Property. 11. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. 12. GOVERNING LAW. This Agreement shall be construed under, and governed by, the laws of the State of Idaho. 13. BINDING EFFECT. This Agreement shall bind the parties hereto and their respective heirs, personal representatives, successors and assigns. PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 3 • IN WITNESS WHEREOF, the parties have hereunto caused their names to be subscribed this day of , 200 THE CITY OF MERIDIAN ATTEST: PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 4 • STATE OF IDAHO ) ss: COUNTY OF Ada ) ~~ '' On this aZZ~ " day of ~~ ~~;'~~,'~ , 200, before me, the undersigned, a notary public in and for said state, personally appeared TAMMY DE WEERD and ii~iG`~1M.(~,~;t,f~y~,~~l~. ,Mayor and City Clerk of the City of Meridian, know to me to the Mayor and City Clerk of the City of Meridian that executed the foregoing instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal_ the day and year in this -•- .~ . . .~ ;c~1~,9 ~'jg'~,1 ~~~~. e~~~~~ first above written. STATE OF IDAHO ) ss: COUNTY OF CANYON ) U~ ~vl t~'V~~---~ Notary Public for the State of Idaho Residing at ~~~'l,e, ~ ~~ Lz „~ ~ ,Idaho My commission expires: 1 ~~.~ Liu On this day of , 200 ,before me, the undersigned, a Notary Public in and for said State, personally appeared and ,known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at My Commission Expires:, Idaho PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -PAGE 5 !15.206 1~~1PM MRSON RSSO~'IFiTES iyv..~r4: r.c ., 7 - ~ 6' i . a y~~yy g~. ~ ?.. ''405 EE /'~f~ ~ ~:~ _ ~~~.~~~ ~~~ ~~ ' ~ ~.yas~g ~ ~t+# 2, ~1 ~ ~f '~rici~.'s .~ ~ .~ ~f ~.l4 ~. 4a To~shi~a 3 I~'t~i~b., e ~ ~%~, ~a~iss~ ~~~~~ ids. ~d ~ ~ n 'Ian ~F. ' ~$', 21" ~.~ a dicta ~f ~~3.OS~ fit alb; ; ~~'ss~d° 1~1i4 ~ ~ SIB; awn Th~~ ~. ~9~~3~'~ ~~"''~'y 2. di~`ce c~f'11~ ~~ feat ~~ tie ~~'~icaa's ~i~isi~-~'~e 2 a.po~ o~ ~a~ n~a~ez~~~ t~o~tdary ~f'fa.'~ ~ s . '~~ce ~. 5'~° 41' 45" ~., ~ ~i.~ ~~° ~ 13.6 f°~ al~g ~aad, rt~ae~y ~~ of T~cie.'s ss~ tai ~~ ~ Y ~ ~~ ?.~. dot 2, s~ axrffie~;. ` ~ . ~.11~ ~c~. iron pin; '~: T~tence N. 57° 9~1 °, 45» ~., a ~}dpi~~ cif 4~.~15 f al®~,g the ~f : Lit ~ 'T..~a'lot. 57~:4~' 4~~ ~., ~. ~s ~f .QQ ~ ~. '~`hei~ ~'. ~~° ~ ~' 9. S" ~., ~. disG~ ~~ ~3.~7 a~e$ #ci ~ port; ~` ~~C~ ~.4 ~7~ 41 g 45" ~., a d..~ 1f ~4.~f3 ~.~# tc3 ' ~~+' ~ > ~~ ~ 1 ~~ ~ EXHIBIiA . 15. ~~7b 1 F.3 • BILL OF SALE FOR PUMP STATION IN SEASONS PARK KNOW ALL MEN BY THESE PRESENTS, That on this day of 200 ,THE CITY OF MERIDIAN, an municipal corporation, hereinafter referred to as "Seller", for good and valuable consideration, the receipt of which is hereby acknowledged from NAMPA & MERIDIAN IRRIGATION DISTRICT, hereinafter referred to as "Buyer", and does by these presents Grant, Bargain, Sell and Convey unto Buyer, and its successors and assigns, the personal property listed as follows: The pump station, pumps, electrical panels and related fixtures located in Seasons Park, a legal description of the location of the pump station is more particularly described in Exhibit A attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same to Buyer, and its successors and assigns forever; and Seller does covenant and agree to and with Buyer, and its assigns to WARRANT AND DEFEND the sale of said property, goods and chattels hereby made, unto Buyer and its successors and assigns, against all and every person and persons whomsoever, lawfully claiming or to claim the same. IN WITNESS WHEREOF, Seller does hereunto set its hand the day and year first above written. By BILL OF SALE -PAGE 1 6~`~' tr .p e 1 ,!V.®° ~4 ~WR) \\` {!!!{{IP1991\\\ ~-..~:.c.. /--y.-v 7 THE CITY OF MERIDIAN STATE OF IDAHO ) ss: COUNTY OF Ada ) On this '~~ ~~ day of ~ ~ ~t,~VU,t,CVr,%~l , 200v~7 ,before me, the undersigned, a notary public in and for said state, personally appeared TAMMY DE WEERD and ~,~ ~;tAu~~Wl~1 ~ Yyj~~~r. ,Mayor and City Clerk of the City of Meridian, know to me to the Mayor and City Clerk of the City of Meridian that executed the foregoing instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. 4 ,~~~~~A OF a~~~ s f ~~~~~ ~1 ~ ~1.;~-I~'~ Notary Public for the State of Idaho Residing at " lam. (. ~c. ,Idaho My commission expires: ~ CP - t S- l i BILL OF SALE -PAGE 2 3.-z1PM MASON & ASSOCIATES .. ~, . N0.374 ; P. 2 ` ._ • Prc+~e~8e~ra~[ i `~ , lm,~ ~uru~grcd Pl~n~rs ®. -- ~ ~- ,: ~~ 4 B~ ,P17 (~ ;;~ : , ~,; ... _F~. it: .. !{~ 1i~ ~ ~~ ) ~9 .:: ~ _ . . ~~: irks s ` I9~,' ~ 15, 2446 i ~ ~ ~ f~~D6 ~ a ~T.~T~~N Au ~ 1 ~ I~t 2, ~X€~1c 4 ~f 'TxiCis.'s berg a : "~ ~f tie X1%4 gyn. 4a To~shi~ 31~t gc 1 'Vest, poise ~I~radgan, ,ode. y ~ , mare ticet~'Iy c~aCn°b~l. ~ f~l~.d~s: • ~' ~s,----~ ~t ~la~;e sc~ c~~ee~ ~~' said 1/~ ~.arit~~ a 3 ffich ~uass T~t~c~ N. fl0° :3~'; Z1" ~., a dise~~ ~~°Z~3.b0 feet almng Est bao ; ~f 1;1+1%4 to ~ SJ~: ~'h ~T_ ' ~ ]: ~'' ., a disce ~f 716,? ~ het' al~a~g the spa of Tam's ~4iiion~l~To 2 ~o ~. ova oas the alorther},~- Tsoundaty ~f Tx~eia's ~ sad nuffieaDed. wdth a 5/~ each . ~~ , ~ , Th~ce 1~. 5'7°41' 45" ~., ~. slis ~~° 613.6 f a1~; ~aaid nolt'~exly bo~nti~.y of T~acia's tssi~g to ~~ ~~rly ~~ c~z .d I~t ~ said c ~na~~ea~l ~cvi~. e.1/~ inch ia+on din; Thence N. 57°'.41.' 45" ~., ~. dim ®f 4.45 f~ aloaig the x~vay ®f s~.d Lit 2 #+o the 1~Dd~1T ~~ ~~ ~; T~-~nce ~. 32° 1$' ~. Sn ~., ~. ~ ~~fi ~a4. £~et ~ a ~iaxt; , '~,e~.ce 1~T. 57:41' ~5" ~., a dash ~f x.00 to a Imp Thez~e Vii. ~~° ~ ~' ~ S" ~., ~. disc of x.97 feeg t+~ ~ point; . . ~ S, 57° 4i' 4~" ~., a ~ ~f Z~.4~f3 £eet t® t~ ~~ ~ ~'. ~~' Tt~> ill e its of .,- ~ ova car _ oo. the ab~~ ,°b~d ~ 1 cif lend. EXHIBIiA .~ . 15.2~~ Ii V 1 _ i P.3 • • January 5, 2(106 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT ITEM NO. 5-L REQUEST Task Order 0612 with Transportation and Civil Solutions, PC for Professional Services in Conjunction with ACRD Project No. 305048, Intersection of Ustick 8~ Linder Road not to exceed ~ 15,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~' CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meeMngs shall become properly of the City of Meridian. TASK ORDER N0.0fi12 CITY OF MERIDIAN (OWNER) AND Transportation & Civil Solutions, P.C. QENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated December , 2006. CITY OF MERIDIAN UTILITY PROJECTS IN CONJUNCTION WITH ACHD PROJECTS PURPOSE Provide professional services to carry out property owner coordination, per#orm plan reviews, and design potable water and sanitary sewer services in cooperation with the Linder Road and Ustick Road Intersection improvement project known as ACHD Project No. 305048. TASK 0612.1 Coordination and Review/Auaroval Meetin s with the City of Meridian A. Attend initial project start-up meeting. Clarify work activities/responsibilities, obtain materials from the City and project administrationlinvoicing Instructions. B. Coordination with the City throughout the project. C. Attend review meetings as necessary and coordinate with City for approvals. TASK 0612.2 Property Owner Coordination (six parcels: 3485 N. Linder, 3fi10 N. Llnder, 1fi80 W. Ustick, 1450 W. Ustick, 3195 N. Linder, and 1515 N. Linder) D. TransCivil personnel will contact each property owner for the parcels listed above which are adjacent to the project. Each property owner will be advised of the project and a meeting will be arranged for further discussions If necessary. E. TransCivil personnel will meet with each property owner to discuss service needs. Property owners will be advised that there will be a charge to them that will vary depending on the service type requested with the final cost to each owner available once a Contractor's bid has been awarded. They will be informed that a contract between the property owner and City of Meridian will b® required, a sample contact will be provided to the owner, provided by the City of Meridian, for their review. F. During this meeting property owners will be advised that a temporary easement may be required to construct the requested service and the owner will be provided a sample easement form. We assume any necessary easements required to provide requested services, which are for the benefit of the property owner, wiff be granted without cost. In any cases where the property owner requests compensation for the easement, these requests shall be submitted to the City of Meridian. If an easement is not acquired and the property owner remains willing to pay for requested services TransCivil will design the service to end one foot short of the right-of-way line. G. TransCivil will make all necessary modifications to the City of Meridian "Contract" to provide requested services and submit them back to the Clty of Meridian for approval. Upon approva! 7ransCivll will meet with property owners requesting services to obtain their signature on the contract and submit each signed contract to the Clty of Meridian. Assumptions: TransCivll assumes the City of Meridian will provide a mailing Ilst, contact names and addresses for each parcel. It is also assumed that the City of Meridian wilt provide the easement form and standard contract to be used as the agreements between the City and property owners. TASK Q612 3 Potable Water and Sanitary Sewer Service Design H. Work directly with ACRD to incorporate water and sewer Improvements into ACRD plan sheets. If necessary, prepare separate plan and detail sheets In conformance with the City of Meridian standards and requirements or as directed. Plans will be 40-scale on 22"x34" sheets to coincide with ACHD's set. For estimating purposes, anticipate the set to include a title sheet, general notes sheet, 4 plan sheets, and 2 detail sheets totaling 8 sheets. I. Prepare bid schedule, special provisions, and cost estimate in conformance with the City of Meridian standards and requirements or as directed. J. TransCivll will submit the design package to ACHD for review and approval prior to construction. Vie will mall out a copy of the completed plan sheets to each property owner requesting services along with any necessary easement forms for execution. Assumptions: ^ Relocation of existing potatble water and sewer lines are the City's responsibility. We expect the design consultant to Identify conflicts and Identify /recommend changes to ACHD designs #o save total project costs (Including relocation costs). ^ Adjustment of water valves is the responsibility of the City. ^ Adjustment of manholes is the responsibility of ACHD. ^ The City of Meridian will obtain from ACHD the Linder Road and Ustick Road Intersection project electronic design files, title reports, deeds, records of survey, and other data available that is necessary to complete this task and provide them to TransCivll. ^ TransCivil assumes no additional survey will be necessary. TASK 0612.4 Review ACRD Plan Set K. TransClvil will review ACHD's plan set along with asbuilt drawings of the existing water and sewer utilities to assist in ensuring all utility conflicts related to the City of Meridian existing and proposed potable water and sanitary sewer utilities have been identified and measures to resolve them are included In plans. Assumptions: ^ TransCivil assumes the City of Meridian will obtain all necessary plan sets from ACHD and provide them to us to complete this review. ^ The Cilty of Meridian will provide TransClvll with asbuilt drawings of all existing potable water and sanitary sewer utilities. TIME OF COMPLETION Engineering services will be completed on an as needed basis and time of completion will be set as services are requested. COMPENSATION The Nat-To-Exceed amount for this Task Order No. 0612 is fifteen thousand dollars {$15,000). The hourly rate for services and direct expenses is attached. CITY OF MERIDIAN BY: Attest: h ENGINEER VEERD, MAYOR WILLIAM G. BERG, JR.°C ,r4 ..,. \~` °...r%~ : `0. ~'~ • ,. ~ a.+ Y S' t ~ `~~ .~~ •, ,;; _ ~r ~ :c.;:a.:_..._.,_.. 1 ~ CLEF~C ~ y, ~ ~ t t • ~ ` . : v ~ • ~ ~ M Attachment A: Man-hour Cos#s 1. Coordination and Review/Approval Meetings with the City of Meridian Basis: ^ 2 hour initial meeting (Protect Manager and Protect Engineer) ^ 24 hours to attend review meeting and coordinate to obtain approvals. ^ Remaining hours for project coordination throughout its period. Project Manager: $900.00 10 hrs @ $90.00/hr Project Engineer: $1,500.00 Engineer Tech. $520.00 20 hrs a~ $75.00/hr = 8 hrs @ $65.00/hr = Subtotal: $2,920.00 2. Property Owner Coordination (six parcels: 3485 N. Linder, 3fi10 N. Linder, 1680 W. Ustick,1450 W. Ustick, 3195 N. Linder, and 1515 N. Linder) Basis: ^ 2 hours for initial contact to all six properly owners. ^ 2 hours to prepare to meet with all owners. ^ 2.5 hours #o meet with each individual property owner initially for a total of 15 hours. ^ 8 hours to modify City contract and get approved. ^ 1.5 hours to meet with each individual property owner to obtain signatures for a total of 9 hours. c 2 hrs @ $90.00/hr 34 hrs @ $75.00/hr = Engineer Tech. 0 hrs @ $65.00/hr = $0.00 Subtotal: $2,730.00 3. Potable Water and Sanitary Sewer Service Design Basis: Proj®ct Manager: $180.00 Project Engineer: $2,550.00 ^ Tltle Sheet {1): 4 hours. ^ General Notes Sheet (1): 4 hours. ^ Detall Sheets (2): 2 hours each = 4 hours total. ^ Plan Sheets (4): 12 hours each = 48 hours total. ^ Bid schedule, special provlslons, and cost estimate: 20 hours. ^ ACHD Coordination: 8 Hours. ^ Prepare and Acquire Easements (6): 4 hours each =16 hours ^ Review: 2 hours. Project Manager: 10 hrs @ $90.00/hr = $900.00 Project Engineer: 30 hrs @ $75.00/hr $2,250.00 Engineer Tech. 66 hrs @ $65.00/hr = $4,290.00 Subtotal:~$7,440.00 4. Review ACHD Plan Set Project Manager: 0 hrs @ $90.00/hr ~ $0.00 Project Englneer: $750,00 Engineer Tech. $130.00 Direct Expenses: Miscellaneous printing and copying: $100.00 10 hrs @ $75.00/hr = 2 hrs @ $fi5.00/hr Subtotal: $880.00 Mil®age @44.5 Cents/Mil® (120 miles): $53.40 Subtotal: $153.40 Total Fee: $14,123.40 • Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File, Len Grady, Keith Watts ~~- ®ate: 1 /3/07 Re: Proposed Agenda Item for January 9 City Council Meeting City ®f Nleridiao Cite Clerk Office The Public Works Department respectFully requests the following item be placed on the January 9 City Council agenda, under Consent Agenda, for Council's consideration: Task Order 0612 with Transportation and Civil Solutions. PC for Professional Services in Conjunction with ACHD Project No. 305048. Intersection of Ustick and Linder Road Services under this task order will include property owner coordination, plan review and, water and sewer design. Recommended Council Action: The Public Works Department recommends that City Council approves Task Order 0612 with Transportation and Civil Solutions, PC for Professional Services in Conjunction with ACRD Project No. 305048, Intersection of Ustick and Linder Road, for a cost not to exceed $15,000, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • RECE~~ED ~ Page 1 • • TASK ORDER NO. 0612 CITY OF MERIDIAN (OWNER) AND Transportation & Civil Solutions, P.C. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated December , -2006. CITY OF MERIDIAN UTILITY PROJECTS IN CONJUNCTION WITH ACHD PROJECTS PURPOSE Provide professional services to carry out property owner coordination, perform plan reviews, and design potable water and sanitary sewer services in cooperation with the Linder Road and Ustick Road Intersection improvement project known as ACHD Project No. 305048. TASK 0612.1 Coordination and Review/Auproval Meetings with the City of Meridian A. Attend initial project start-up meeting. Clarify work activities/responsibilities, obtain materials from the City and project administration/invoicing instructions. B. Coordination with the City throughout the project. C. Attend review meetings as necessary and coordinate with City for approvals. TASK 0612.2 Proaerty Owner Coordination (six parcels: 3485 N. Linder, 3610 N. Linder, 1680 W. Ustick, 1450 W. Ustick, 3195 N. Linder, and 1515 N. Linder) D. TransCivil personnel will contact each property owner for the parcels listed above which are adjacent to the project. Each property owner will be advised of the project and a meeting will be arranged for further discussions if necessary. E. TransCivil personnel will meet with each property owner to discuss service needs. Property owners will be advised that there will be a charge to them that will vary depending on the • service type requested with the final cost to each owner available once a Contractor's bid has been awarded. They will be informed that a contract between the property owner and City of Meridian will be required, a sample contact will be provided to the owner, provided by the City of Meridian, for their review. F. During this meeting property owners will be advised that a temporary easement may be required to construct the requested service and the owner will be provided a sample easement form. We assume any necessary easements required to provide requested services, which are for the benefit of the property owner, will be granted without cost. In any cases where the property owner requests compensation for the easement, these requests shall be submitted to the City of Meridian. If an easement is not acquired and the property owner remains willing to pay for requested services TransCivil will design the service to end one foot short of the right-of-way line. G. TransCivil will make all necessary modifications to the City of Meridian "Contract" to provide requested services and submit them back to the City of Meridian for approval. Upon approval TransCivil will meet with property owners requesting services to obtain their signature on the contract and submit each signed contract to the City of Meridian. Assumptions: TransCivil assumes the City of Meridian will provide a mailing list, contact names and addresses for each parcel. It is also assumed that the City of Meridian will provide the easement form and standard contract to be used as the agreements between the City and property owners. TASK 0612.3 Potable Water and Sanitary Sewer Service Design H. Work directly with ACHD to incorporate water and sewer improvements into ACHD plan sheets. If necessary, prepare separate plan and detail sheets in conformance with the City of Meridian standards and requirements or as directed. Plans will be 40-scale on 22"x34" sheets to coincide with ACHD's set. For estimating purposes, anticipate the set to include a title sheet, general notes sheet, 4 plan sheets, and 2 detail sheets totaling 8 sheets. • • I. Prepare bid schedule, special provisions, and cost estimate in conformance with the City of Meridian standards and requirements or as directed. J. TransCivil will submit the design package to ACRD for review and approval prior to construction. We will mail out a copy of the completed plan sheets to each properly owner requesting services along with any necessary easement forms for execution. Assumptions: ^ Relocation of existing potatble water and sewer lines are the City's responsibility. We expect the design consultant to identify conflicts and identify /recommend changes to ACHD designs to save total project-costs (including relocation costs). ^ Adjustment of water valves is the responsibility of the City. ^ Adjustment of manholes is the responsibility of ACHD. ^ The City of Meridian will obtain from ACHD the Linder Road and Ustick Road Intersection project electronic design files, title reports, deeds, records of survey, and other data available that is necessary to complete this task and provide them to TransCivil. ^ TransCivil assumes no additional survey will be necessary. TASK 0612.4 Review ACHD Plan Set K. TransCivil will review ACHD's plan set along with asbuilt drawings of the existing water and sewer utilities to assist in ensuring all utility conflicts related to the City of Meridian existing and proposed potable water and sanitary sewer utilities have been identified and measures to resolve them are included in plans. Assumptions: ^ TransCivil assumes the City of Meridian will obtain all necessary plan sets from ACHD and provide them to us to complete this review. ^ The City of Meridian will provide TransCivil with asbuilt drawings of all existing potable water and sanitary sewer utilities. TIME OF COMPLETION Engineering services will be completed on an as needed basis and time of completion will be set as services are requested. COMPENSATION The Not-To-Exceed amount for this Task Order No. 0612 is fifteen thousand dollars ($15,000). The hourly rate for services and direct expenses is attached. CITY OF MERIDIAN BY Attest: TAMMY de WEERD, MAYOR ENGINEER WILLIAM G. BERG, JR., CITY CLERK • Attachment A: Man-hour Costs 1. Coordination and Review/Approval Meetings with the City of Meridian Basis: ^ 2 hour initial meeting (Project Manager and Project Engineer) ^ 24 hours to attend review meeting and coordinate to obtain approvals. ^ Remaining hours for project coordination throughout its period. Project Manager: $900.00 10 hrs @ $90.00/hr = Project Engineer: $1,500.00 Engineer Tech. $520.00 20 hrs @ $75.00/hr = 8 hrs @ $65.00/hr = Subtotal: $2,920.00 2. Property Owner Coordination (six parcels: 3485 N. Linder, 3610 N. Linder, 1680 W. Ustick, 1450 W. Ustick, 3195 N. Linder, and 1515 N. Linder) Basis: ^ 2 hours for initial contact to all six property owners. ^ 2 hours to prepare to meet with all owners. ^ 2.5 hours to meet with each individual property owner initially for a total of 15 hours. ^ 8 hours to modify City contract and get approved. ^ 1.5 hours to meet with each individual property owner to obtain signatures for a total of 9 hours. Project Manager: $180.00 Project Engineer: $2,550.00 n LJ 2 hrs @ $90.00/hr = 34 hrs @ $75.00/hr = Engineer Tech. 0 hrs @ $65.00/hr = $0.00 Subtotal: $2,730.00 3. Potable Water and Sanitary Sewer Service Design Basis: ^ Title Sheet (1): 4 hours. ^ General Notes Sheet (1): 4 hours. ^ Detail Sheets (2): 2 hours each = 4 hours total. ^ Plan Sheets (4): 12 hours each = 48 hours total. ^ Bid schedule, special provisions, and cost estimate: 20 hours. ^ ACHD Coordination: 8 Hours. ^ Prepare and Acquire Easements (6): 4 hours each = 16 hours ^ Review: 2 hours. Project Manager: 10 hrs @ $90.00/hr = $900.00 Project Engineer: 30 hrs @ $75.00/hr = $2,250.00 Engineer Tech. 66 hrs @ $65.00/hr = $4,290.00 Subtotal: $7,440.00 4. Review ACRD Plan Set Project Manager: 0 hrs @ $90.00/hr = $0.00 Project Engineer: $750.00 Engineer Tech. $130.00 Direct Expenses: Miscellaneous printing and copying: $100.00 ~J 10 hrs @ $75.00/hr = 2 hrs @ $65.00/hr = Subtotal: Mileage @44.5 Cents/Mile (120 miles): $53.40 Subtotal: $880.00 $153.40 Total Fee: $14,123.40 • January 5, 2006 • MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT ITEM NO. S-M REQUEST Access Easement between the City of Meridian (Grantor) and Petra, Inc. (Grantee) for Vehicle 8~ Equipment Access for Grantee's Storage Yard AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Matertals presented at public meetings shall become property of the City of Meridian. Page 1 of 1 Tara Green Prom: Ted Baird Sent: Thursday, January 04, 2007 3:43 PM To: Tara Green Cc: Brad Watson; Michelle Albertson Subject: One More item for the consent agenda I am having Michelle do some final work on this document. Please call it: Access Easement between City of Meridian LGrantor) and Petra Inc (Grantee) for Vehicle and Eguiament Access to Grantee's Stora~ae Yard. We will get it to you as soon as we can. 1/4/2007 ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 6 BOISE IDAHO 02I01I07 01:43 PM I RECORDED-REQUEST OF ~II I)~II~IIII~III~~~I'~~~~IIIIII ~~ ~I~ RECORDING REQUESTED BYAND Meridian City i 0701 ~~~,~ WHEN RECORDED RETURN TO: '- - ._.~ ' ~ ~ ~~~ (Space Above For Recorder's Use) ACCESS EASEMENT This Access Easement is made effective this day of , 2007, by and between the City of Meridian, {"Grantor"), and Rosario Flace 'ted P ership. ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: 'WHEREAS, Grantor is the owner of that certain property located at 1100 N. Hickory Avenue, Meridian, Idaho, Parcel #S 1108131213 ("Grantor's Properly"); WHEREAS, Grantee is the owner of that certain property located at 1097 N. Rosario Street, Meridian, Idaho, Parcel #R3073'I80500 ("Grantee's Property"); WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across a portion of the Grantor's property as described in Exbdbit A and depicted on Exhibit B under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. Grantor hereby grants anon-exclusive perpetual access easement over, on, across, and through the Grantor's Property for ingress and egress in the location legally described. in Exhibit A and generally as depicted on Exhibit B {"Easement"). 2. Purpose of Easement. The Easement shall be used for vehicle and equipment ingress and egress to Grantee's storage yard by Grantee and its respective employees, representatives, and agents. No parking of any vehicles shall be permitted on the Easement. 3. Binding on Successors. This Easement and the vacation of any previously existing easements shall be recorded in the official records of Ada County, Idaho, and shall be ACCESS EASEIvJENT Page 1 of 4 binding on the heirs, successors, administrators, executors and assigns of all parties hereto and shall run with the land. 4. Counterparts. This Easement may be executed in counterparts, each part being considered an original document, alI parts being but one document. S. Indemnification. Each party agrees to indemnify, defend and hold the other party, and their successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from their respective use or use by them respective customers, agents, invitees, or representatives of the Easement. d. Remedies. In the event of a breach hereunder by any party, the non-breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 7. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Easement which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, including the Easement, on the Grantor's Property, it being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to mine the interference with the use of the Easement by Grantor, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls along the outer perimeter of the Easement. Grantor reserves the right to close off the Easement for such reasonable period of time as may be legally necessary to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to taking such action, Grantor shall give written notice to Grantee of its intention to do so, and to the extent reasonably possible, • the parties shall coordinate such closing so that the interruption in the use and enjoyment of the Easement is kept to a minimum. 8. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: Grantee: Rosario Place Limited Partnership lt}97 N. Rosario Street Meridian, Idaho 83642 Grantor: City of Meridian 33 E. Idaho Avenue Meridian,lD 83642 ACCESS EASEMENT Page 2 of 4 Upon at least ten (10) days' prior written notice, each party shall have the right to change its address to any other address within the United. States of America. 9. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the right to dedicate the Easement as a public street or drive at any time at its sole election. Upon any such dedication all grivate rights. of Grantee therein shall automatically terminate and expire. Until and unless an express dedication is made of the Easement, no use hereunder .shall be deemed to constitute the Easement as a public way or a quasi-public way, but to the contrary the Easement shall constitute and remain a private way and drive. No dedication shall, however, be made of the Easement unless: A. Such Easement is accepted by the public entity for maintenance as a public street or drive; and $. The dedication does not preclude or prevent the continued use by Grantee of the entrance to and exit from the Easement then being used incident to the Grantee's Property. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. GRANTOR: t~t~11t4:f2glfl)~,• ,s, By: Tammy d W R~Iaya~ ~~;'~' ' '~ ~,~ Attest: "~ .. William G. Berg, Jr., Ci ,C c,~ ~.~ ,'` ,, ,, Approved By City Council: t _ Ift 11911j1; ~ :~~~ ACCESS EASEMENT Page 3 of 4 STATE OF IDAHO ) ss. County of Ada ) r~ On this ~~,"day of ~~' , in the year 2007, before me, a Notary Public in and for the State of Idaho, personally AMMY DE WEERD and 'WILLIAM G. BERG, JR., known to me to ~ the Mayor and City Glerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 7 ' c~1 ttiarn~vru -~- Notary Public for the Ste of I~c~ Residing at• ~`l ~~- c!' My commission expires: /G' J r ~ l ~ STATE OF IDAlzv County of Ada } ss. On this I'1 }~' day of~°~, in the year 2(}07, before me, a Notary Public in and for the State of Idaho, personally appeared r S - ~rd.+,x. known or identified to me to be a e~ f~-r~~r+Q.r- of Rosario Place Limited Partnership, an Idaho corporation, that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed nny official seal the day and year first above written. a- Notary Public for the State of Idaho Residing at:~ ~ aa.~e.~ gyn., ~c~- My commission expires: ~ '"'S-~•©~ 2' DEBBIE GORSKI NOTARY PUBLIC STATE OAF IDAHO ACCESS EASEMENT Page 4 of 4 SeP. 1. 200b 5.3~PM Teal ey's Landsu rvey i ng Ido~. 1587 P. 2 TEALEY°S LAND 2501 Bogus Basin Ra. • Boise, laaho a370z SURVEYl.l1CC ~ (2os, 3e~s-v~~ ' Fax ~208j 385-0686 - EXHIBIT A Praject. Na.: 2983 - - - - Date: September 1, 2008 ' DESCRIPTION FQR PETRA,1wC. -ACCESS EASEMENT ' An access easement lying in the N~ 1/4 of Section 8, T.3W., R.1 E., E.M., Meridian, Ada County, Itlaha and more partiatlarty described as fellows. - ' ~ BF~1NNitZ1G at lfis Na~rthe~t comer of Lot 6 of Slack 2 of Geratone Center Wo. _ 2, a subdiVieicari, as fried fc~r r~:card in the of~aa of the Ada Couat~r R~carder. Boise, . Idal~ In Book 74~ cif Plata of page76ti4y thenc,~ alr~ng the hlorth tua~andary of said Lot- 5 and the North I~ruderll of Lot 6 of Bivcfc 2 of Germstorte Cer~telr No. 2 Worth t3~~35'1~" Vit~st 43{4.62 feet to a paint on the East rightrof~ray ]toe of North . . Hlokory AveNUe , marking .the Nortfiwest comer of said La# 6; tFteric~ along .said East right-of~+ray l~irte __ _ - . ~ ~ Narltt'~Q'Q14t~Ea~~A feet to a fh+ancre . South ttA°3'8'16" >sas°t 374.73 feet to a pclnt~ thence North 48°~'4$" t 28.28 fit tb a point; thenc® 5outtt 69°33'15" East 4Q.00 fit to a pointy tlieara South OQ°24'45" Wit 36.00 feet to the~PUINT Opt= BEGt~fWtt+tfi. .; NfhX ,doe,.jdc EXAIBIT B ~' a ~~ ~~ ~ s+ ~ ~ z ~~~ ~ H ~N ~~~ ~ ~ ~~~i. ~ /z~ Mx 6Eyy~ ll ,W] ~ ^ '~J ~~ _~~ M. }0 N EA8fi1[@NT EG~D81' FOR pPpEpl~'RA I77C. L'A~1 M l1E IB 1H. I~TO~ie is~i in ~•~m' THALET'S LANp SURYEYIN® ua.m...r ~_ ~em,..o ..srww. "~ ~M Kffi Iba ~~7~1NL IoOf ~y~ RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: • (Space Above For Recorder's Use) ACCESS EASEMENT This Access Easement is made effective this day of , 2007, by and between the City of Meridian ("Grantor"), and Petra, Inc. ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: WHEREAS, Grantor is the owner of that certain property located at 1100 N. Hickory Avenue, Meridian, Idaho, Parcel #S 1108131213 ("Grantor's Property"); WHEREAS, Grantee is the owner of that certain property located at 1097 N. Rosario Street, Meridian, Idaho, Parcel #83073780500 ("Grantee's Property"); WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across a portion of the Grantor's property as described in Exhibit A and depicted on Exhibit B under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. Grantor hereby grants anon-exclusive perpetual access easement over, on, across, and through the Grantor's Property for ingress and egress in the location legally described in Exhibit A and generally as depicted on Exhibit B ("Easement"). 2. Purpose of Easement. The Easement shall be used for vehicle and equipment ingress and egress to Grantee's storage yard by Grantee and its respective employees, representatives, and agents. No parking of any vehicles shall be permitted on the Easement. 3. Binding on Successors. This Easement and the vacation of any previously existing easements shall be recorded in the official records of Ada County, Idaho, and shall be ACCESS EASEMENT Page 1 of4 • binding on the heirs, successors, administrators, executors and assigns of all parties hereto and shall run with the land. 4. Counterparts. This Easement may be executed in counterparts, each part being considered an original document, all parts being but one document. 5. Indemnification. Each party agrees to indemnify, defend and hold the other parry, and their successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from their respective use or use by their respective customers, agents, invitees, or representatives of the Easement. 6. Remedies. In the event of a breach hereunder by any party, the non-breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 7. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Easement which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, including the Easement, on the Grantor's Property, it being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the Easement by Grantor, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls along the outer perimeter of the Easement. Grantor reserves the right to close off the Easement for such reasonable period of time as may be legally necessary to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to taking such action, Grantor shall give written notice to Grantee of its intention to do so, and to the extent reasonably possible, the parties shall coordinate such closing so that the interruption in the use and enjoyment of the Easement is kept to a minimum. 8. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: Grantee: Petra, Inc. 1097 N. Rosario Street Meridian, Idaho 83642 Grantor: City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 ACCESS EASEMENT Page 2 of4 ~ ~ Upon at least ten (10) days' prior written notice, each party shall have the right to change its address to any other address `within the United States of America. 9. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the right to dedicate the Easement as a public street or drive at any time at its sole election. Upon any such dedication all private rights of Grantee therein shall automatically terminate and expire. Until and unless an express dedication is made of the Easement, no use hereunder shall be deemed to constitute the Easement as a public way or aquasi-public way, but to the contrary the Easement shall constitute and remain a private way and drive. No dedication shall, however, be made of the Easement unless: A. Such Easement is accepted by the public entity for maintenance as a public street or drive; and B. The dedication does not preclude or prevent the continued use by Grantee of the entrance to and exit from the Easement then being used incident to the Grantee's Property. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. GRANTOR: By: Tammy de Weerd, Mayor Attest: William G. Berg, Jr., City Clerk Approved By City Council: GRANTEE: By Print name: Its ACCESS EASEMENT Page 3 of4 • STATE OF IDAHO ) ss. County of Ada ) • On this ,day of , in the year 2007, before me, a Notary Public in and for the State of Idaho, personally TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. STATE OF IDAHO ) ss. County of Ada ) Notary Public for the State of Idaho Residing at: My commission expires: On this ,day of , in the year 2007, before me, a Notary Public in and for the State of Idaho, personally appeared ,known or identified to me to be of Petra Inc., an Idaho corporation, that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing at: My commission expires: ACCESS EASEMENT Page 4 of 4 Sep. 1. 2006 5:33PM ~aley's Landsurveying ~ No. 1587 P. 2 TEALEY'S LAND 2501 B®gus Basin Rd. • Boise, Idaho 83702 SUIRVEYINt~ (2os) 385-~36 Fax (208) 385-0696 E7~IIiIBIT A Project. No.: 2983 pate: September 1, 2006 DESCRIPTION FOR PETRA, INC. - ACiaESS EASEMENT An access easement lying in the NE 1/4 of Section 8, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: BEG1NNfI~1G at the Northeast comer of Lot 5 of Block 2 of G®r'ntone Center No. 2, a subotivisier~, ass fried fur record in the office of tl~ Ada County Recx~der, Boise, Idaho In Book 74 of Plrats of page7664; thence along the iVorth boundary. of said Lot 5 and tfie North bQi~rrdar~ of dot 6 of B{ock 2 of Gemtone Center N®. 2 North 89°3S'96" West 434.62 feet to a point on the East ri¢~Izt-of-way line of Nort#~ Hlokory AvEnue marking titre Northwest corner of said Lot 6; thertc~ along said East right-of-way line North'QO°01'4~" East 1 fi.00 feet to a paint; thence South 8SA3;~'15" East 374.73 feet to a point; thenr~ Norttr 4~°2'43" East 28.2.8 feet to a paint; thence South $9°36'95" East 4-0.00 feet to a poir~ thence South 00°24'46° West 36.00 feet to the ~PO1NT Of BEG1l~N1i~t~. ,nHx .d~..;aa EXHIBIT B --i ~a~ ~ ~ ~s S , 0 ~a '} 0 ~~ ~ yzyA ~~ O A g g n~N z ~~~ ~m~ Oy~~ O ? p _ z mo gN a yH a~ ., ~ CZ Ctl H M~ N EA~i1' ESH[B? ROE PEl'RA INC. 'reALEY'8 Aim SURVE71N6 U'u~NpMEKt~o{,~$ ~~N¢2 0m mee~q ~ aua.aWOaIIq ~.1M 111N1 Y O~YtiR~• ~' OYAVi p®L SCAIFa ~'~ '~ ~FA6FCf NW y'° _ r' ~°' _ ~ __ • • January 5, 2006 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT ITEM NO. S-N REQUEST Approve Contract for the Plant Optimization Desktop Analysis with CH2M Hill for $47,092.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~,¢ GITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shall become properly of the City of Meridian. • • ~E+CEI~TEI~ ~~A~~ ~ ~ 2~~6 Memo City Of ~eridia~ City Clerk Of~ee To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 01 /05/2007 Re: Proposed Agenda Item for January 9, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 9 City Council agenda, under Consent Agenda, for Council's consideration: Plant Optimization Desktop Analysis. CH2M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $47,092. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the coordination with regulatory agencies and a desktop analysis of the wastewater treatment plant that evaluates existing unit process capabilities. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Plant ®ptimization Desktop Analysis with CH2M HILL for $47,092 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 • • Task Order No. 2 TO THE MASTER AGREEMENT FOR PROFESSIQNAL SERVICES BETWEEN CITY OF MERIDIAN AND C1H2M HII.L, INC. This Task order is entered into by and between City of MERR)IAN (OWNER) and CH2M HILL, Inc. (ENGINEER). A. OWNER and ENGIl~IEER entered into a Master Agreer~nt (AGREEMENTT) for Professional Services, dated January _, 2007. B. Article lof the AGREEMENT provides that the AGREEMENT may be amended by written task order to the AGREEMENT as agreed to by OWNER and ENGINEER. C. OWNER and ENGIlVEER desire to amend the AGREEMENT with this task order. Now, Therefore, the parties agree to the following modifications: See Attachment A. All ether terans and conditions of the original agreement will remain in full force and effect. ]N WITNESS WHEREOF, the parties execute below: For CHZM HILL, Inc. dated this day of By: Name For City of Meridian 200?. Title dated this day of , 20(D7. By: Nam Title Attachment A Scope of Work For Plant Optimization l~ktop Analysis City of Meridian INTRODUCTION This scope of work is the first in a series of tasks that will constitute a plant optimization study for the City of Meridian Ustick Wastewater Treatment Plant {UWWTP}. The first task order includes coordination with regulatory agencies and a desktop analysis that evaluates existing unit process plant capacities. We anticipate completion of this task in mid-February. The second plant ogtinvzation task order scope will depend an the results of the first task order but will include at a minimum include model calibration, review and development of costs far Chenucally Enhanced Primary Treatment and Boaugmentation, updated flow growth estimates, recommendations for capital projects for fiscal year 2008, for the next five fiscal years, a recommendation for plant expansion if needed, and a schedule for recommended improvements. We anticipate this task order to be completed by the end of March. The third task will conduct field testing, review of field test results, and review of the step feed and other treatment processes. We anticipate this to be done by the end of May. SCOPE OF WORK Task 1 Agency Coordination CH2M HILL. will participate in three meetings with IDEQ to discuss the concept of plant optimization and the ability of this effort to rerate plant capacity. We anticipate these meetings to occur at the IDEQ offices. Task 2 Desktop Analysis The desktop analysis provides important insights into both the constraints and optimization opportunities available within the UWWTP. Subtask 2.1 Gather Data The Engineer will gather information from the UWWTP to develop process design criteria including: Page 1 of 4 • Influent flows and wastewater characteristics • Unit Process number and sizing • Unit Process performance • Process Control Strategies • Process piping sizing and configuration • Equipment Redundancy • Historical plant operating experience and procedures Subtask 2.2 - Pro2D Modeling CH2M HILL uses a proprietary process modeling tool called Pro02D (Professional Process Design). This model has already been started and will be refined under this task based on the data that has been gathered. This model allows us to predict aptirnum operating conditions, based on multiple scenarios that can be investigated at the desktop level. The desktop optimization is completed in an iterative approach by ftrst adjusting operation to the optimum condition and monitor plant effluent and internal profiles; second, confirm model calibration; third, invesrigate other optimum conditions such as simulation of seasonal affects for different operating objectives; and fourth, adjust plant operations and repeat the third step. Sutrtask 2.3 Hydraulic Evaluation Process modeling has already identified potential additional capacity in process tankage. An hydraulic model will be developed to simulate increased flows through the plant to identify hydraulic bottlenecks. Once identified, these bottlenecks can be corrected so the plant can achieve its full process capacity rating. CFi2M HILL will use the WINHydro hydraulic modeling tool to evaluate hydraulic boulenecks. Subtssk 2.4 Peak Load Analysis influent data will be reviewed with a risk analysis simulation tool to determine the probability of peak flows cvrresgonding to peak loads. Probabilities of peak loads and flows corresponding at the same time are typical]y low providing opportunity to reduce design criteria to a more reasonable level and increase plant capacity. Subtask 2S 'Technical Memorandum A technical report summarizing the desktop evaluation will be prepared and recommendations of existing plant capacity increases will be provided. Recommendations for further field testing will ire included CH2Ml-IILL will submit six copies of the draft technical memorandurn to the City and conduct one review meeting with City personnel. Review comments will be incorporated and two copies will be submitted to IDE(1 Boise Regional Office for review and approval. Page 2 of 4 Task 3 -Project Management and Quality AssurancelQuality Control CH2MHII.L will }x responsible for planning, managing, and executing the work in accordance with the schedule, budget, and established quality.expectations. The project management tasks include the following work activities: • Coordinate between tasks and team members. Document meeting decisions and action items, assign activities to team members, and follow up to ensure timely resolution. • Monitor project progress, including work completed, work remaining, budget expended., schedule, estimated cast of work remaining, and estimated cost at comgletion. • Monitor project activities for potential changes, anticipate changes when possible, and with City approval, modify project tasks, task budgets, and approach. • Manage the quality control review of work activities and project deliverables. • Prepare and submit a monthly invoice. ASSUMPTIONS 1fie following assumptions are associated with this project: 1. City is allocated ten working days to review all draft deliverables. 2. City provides plant information such as influent flow rates and wastewater characteristics. 3. Some special sampling may be required to fill in data gaps. CH2M ffiLL will provide the plans for sampling and analysis by the City of Meridian. FEE ARRANGEMENT As consideration for providing the services enumerated under the Statement of Work, the CITY shall pny Cl-~2NII3IIrL the amount Shawn in the table below in accordance with the AGREEMENT. The fee shall be based on time and materials, not to exceed the total cost. The cost for performing the Scope of Work shall not exceed this amount without a formal amendment to this task order that increases the Scope of Work. Task Fee lA A en Cctordiuatian $ ?,036 2.01?eskto Anal sis 2.1 Gather Data $ 4,122 2.2 Pro2D Madelin $ 7,144 2.3 H c Evaluation $ 4,934 2.4 Peak Load Anal sls $10,388 2.5 Technical Memorandum $ 6,277 3.~ Pro'ect Mara meat $ 7,195 Total $ 4'1,092 Page 3 of 4 • SCHEDULE This task will be completed by February 16, 2007. OTHER PROVI5TONS This Statement of Work will become part of the referenced AGREEMENT when executed by both parties. Page 4 of 4 Page 1 of 1 City v# Meridian Desktop Analysis ,; ~, HILL Level of Effort x Chargeable Tasks, All Budgeffi, without Period Subtotals ~+r~ Hours Rate Amount Notes ,~ ~~; ~ Top Task 01 Task 01.01 -Agency Coardinatlon Project Manager 8.0 '163.59 1,308.72 Process Engineer t3.0 137.90 1.103.20 t3enlor Prot®9s 8.0 203.01 1,824.08 Subtotal for 01.01 - a~cy coor8ination Subtotal for 01 2a.o 24 0 a,4~.o0 -F ~ ~ ~ ~ ~ 3 t°d ~ ~ - :~° ~ . 4,O~,Op Top Task 02 Task02.01 - O~ather Data Process Engineer 24.0 137.90 3,309.60 Senior Process 4.0 203.01 812.04 Subtotalfor02.01 - Qather D1~ 28.0 4,721.64 Task 02.02 -Pro 2D klodBl process Engine~mr 40.0 t37.9p b,61fi.00 Senior Process 8.0 203.01 1,624.08 Subtotal for 02.02 -Pro 2D Model 48A 7,140.08 Task 02.43 -Hydraulic Model Process Engineer 24.0 137.90 3,309.60 Senior Process 8.0 203.01 1,824.08 Subto~l for 0203 - Hydraulk; tNode! 32.0 4,y33.q Task 02.04 -Peak Load Anslysia Process Engineer 40.0 137.90 5,518.00 Senior Process 24.0 203.01 4,872.24 Subtotal for 0204 - P®ak Load Analy~sls 84.0 10,8.24 Task 0245 -Tech Memo Project Manager 4.0 163.59 654.36 Process Engineer 24.0 137.911 3,309.80 Senior Process 8.0 203.01 1,614.08 Quality Contra! 4.0 172.23 688.92 3ul~otal far 02.05 - Tech Metro 40A 8,27&.96 $ubtotat for 02 212.0 ~,660,~ Ttep Task 03 Task OS.01 -Project Managertrent Project Manager 40A 163.59 6,543.60 ~j~ ~~~ 8.0 59.89 479,12 Project Accountant 2.0 63.83 127.66 Subtotal for 03A1 - ProjeCt Management 60.0 7,150.38 9ubtata! far 03 50.0 7,180.38 Qrartd Total 286.0 44,046.98 03-Jan-~07 10:23:04 PM Page 1 of 9 http:/lwwwan~.chZm.c®mlpricer/Reports.aspx?1d=166&ReportNamt =Leve1°In2(?~f%ZOEff©... U312AU7 January 5, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT Legal Department 8~ Public Works Dept. ITEM NO. 6-A-1 REQUEST Mutual Corporation Agreement with United Water Idaho, Inc. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contac#ed: Date: Phone: Emailed: Staff Initials: Materials presented at public meettnps shall become property of the City of Meridian. January 5, 2(~6 Department Reports MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT Planning Department ITEM NO. 6-8-1 REQUEST Comments for ACHD Draft 2008 /2012 Five Year Work Plan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctiy of Meridian. Page 1 of 1 ~~ Will Berg From: Matthew Ellsworth Sent: Tuesday, January 09, 2007 5:59 PM To: Will Berg Subject: Handouts -1-9-07 Attachments: MerProjects.pdf; 08-12FYWP_MeridianSummary.xls Will, I realize it is way too late to get these into the Council packet for tonight, but for your records here is what I will hand out. I will bring a few extra copies with me to the meeting. Thanks, Matt Ellsworth Associate City Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 1 /9/2007 ~~~ .,,~ ~~.. ~~~~Q ~~ INTER OFFICE MEMO Planning & Projects Division To: Meridian Coundlmembers & ACRD Commissioners f=rom: Katey Levihn, P8cP Deputy Director and Don Koster, Manager Sutrject: Status Update of 20082012 Fhre Yeaar Work Program January 8, 2007 ACRD Staff has completed Draft "A" of the FYQ8-12 Five-Year Work Program. The Commission is scheduled to give comments to stafF on January 10, 2007. Issues in this years update include: • Significant construction cost increases (20%) • Increased anticipated escalation factors of (8% in 2008, 6% 2009, 4% thereafter] • Decrease in revenue projections (-15% per year in impact fees ~ $~3 million) due to current market conditions • Introduction of quarterly scheduling as a component The revised sc~tedufe for the completion and adoption is as follows: • January 10 ACRD Commission Work Session o ACRD Commission feedback on Draft "A" o Update on progress of for Draft "Ba • January 24 ACRD Commission Work Session o Draft "B'° o Final Resolution of major issues • February 28 ACRD Commission Work Session o Final Draft -Adoption Cost Escalation The FYWP typically included a cost escalation factor of 2.5% for each year. ACHD staff has r~esearc~ed the factors and had discussion with the Associated General Contractors (AGC) and eight-of-way appraisers that have resulted in a recommendation to escalate projects costs 6n the FY08-12 FYWP using the following escalation rates: Year Conceot/ Desis~n ROW Const Other 2008 4% 6% 8% 2.5% 2009 4% 6% 6% 2.5% 2010 3% 4% 4% 2.5% 2011 3% 4% 4% 2.5% 2012 3% 4% 4% 2.5% PD 3% 4% 4% 2.5% Revenue Revisions Impact Fee revenue decreases account for most of the overall decline in projected revenue from 2008 onward. Original FYWP budget projections were reduced by 15% for impact fee reductions. Draft A was balanced to those numbers. A $4.8 million adjustment is being made in 2010 to include vehicle registration fees in 2010 as they were inadvertently left out, then sunset them after first quarter of 2011 (October- Decem~r 2010). This adjustment may allow an additional project to proceed in 2010. Summary of changes to Meridian Projecffi: ACRD is faced with the necessity of delaying projects due to budget constrairrts. Staff utilized the C'ity's priority request list and discussion with Meridian staff members to try to `hold fast on those projects of highest importance to the City of Meridian. We welcome your input in the event we have not correctly interpreted your priorities. Ten Mile Road Projects Ten Mile, Franklin / Cheny - 07-11 F1NVP construction was in 2007, programmed in Draft A for 2008. Includes intersection at Franklin and Ten Mile, and Bridge #109 Ten Mile, Cheny / Ustick - 07-11 FYWP construction was in 2009, programmed in Draft A for 2010. Ten Mile, Overland /Franklin - 07-11 FYWP construction was OF (unfunded), status remains the same in Draft A. Ten Mile / McMillan - 07-11 FYWP construction was UF, status remains the same in Draft A. Ten Mile /Victory - 07-11 Fl(VVP construction was UF, status remains the same in Draft A. Meridian Split Corridor Phase 1 and 2 Phase 1 - 07-11 FYWP construction was in 2009, status remains the same in Draft A. Phase 2 - 07-11 FYWP construction was in PD, programmed for construction in Draft A in 2012. Ustick / Linder Intersection 07-11 FYWP construction was in 2008, programmed in Draft A for 2008 and 2009. Pine / Linder Intersection 07-11 FYWP construction was in 2008, programmed for construction in Draft A in 2009. See attached two sheets -those highlighted in red are projects that have tentatively been delayed from the construction year depicted in the 2007-2011 FYWP. *#,~*~ FYWP COMPARISON - 07x11 WITH 08x12 GIS: PROJECT: R`~a!~~IV,~ii~ ~~wt~~ll~'ll Arterial F3oadWey~ Proje~ta ~RD202-09 30th Street Extension, Main / Sffite St RD307 .36th Street, Hill Rd / Cartwright Rd R00087 (Cloverdale Rd, 1000' north of Fairview Ave / Ustick Rd ~~ RD202-14 ;Goverdale Rd, Franklin / 1000' south of Fairview RD2 03-07 ;Eagle Rd, Victory Rd / Ridenbaugh Canal I _ RD200-02b ,Fairview Ave Pavement Rehab #2 (Cole /Milwaukee) t- RCOi27 !Fairview Ave, Goverdale Rd /Five Mile Rd RC0130 ;Fairview Ave, Eagle Rd (SH 55)/ Goverdale Rd RC0131 ;Fairview Ave, Five Mile Rd /Maple Grove Rd I RC0133 ;Fairview Ave, Locust Grove Rd /Eagle Rd (SH 55) ~ RC0135 ;Fairview A ve, Meridian Rd /Locust Grove Rd RD195a _ ;Five Mile Rd, Fairview Ave / Ustick Rd F038 ~ ;Five Mile Rd, Franklin Rd / Fairview Ave RD257 _ ;Floating Feather Rd, Eagle Rd / Edg ewood Dr RC0152 _ ;Franklin Rd, Black Cat Rd /Ten Mile Rd I RC0165 '•Franklin Rd, Ten Mile Rd / Linder Rd ~R0282 Franklin Rd, Touchmaric Rd /Five Mlle Rd RD077 jLinder Rd, Franklin Rd / Ustick RC0240 McMillan Rd, Locust Grove Rd / SH 55 (Eagle Rd) RD205-08 'Meridian Rd and Main Street (Ph 1 of Split Corridor) I-84 to Franklin ~R0205-07 , iMeridian Rd and Main Street (Ph 2 of Split Corridor), Franklin to Cherr ~RD309 Ten Mile Rd, FrankNn Rd / Cherry Lane RD188 _ 'Ten Mlle Rd, Cherry Lane / Ustick Rd RC0297 1 Ten Mile Rd, Overland Rd /Franklin Rd C202-01 'Three Goes River Crossing (Corridor Study) i RD220 ;Usticic Rd, Goverdale Rd /Five Mile Rd RD205-04 Ustick Rd, Duane Dr / Goveniale Rd RD222 ;Ustick R d, Five Mile /Cole Rd RD 205-05 _ ~Ustick Rd, Locust Grove Rd /Leslie Way _ RD202-37 ~Ustick Rd, Meridian Rd /Locust Grove Rd Collector~ioadMteyiProjects - - IRD101 ;Adams St, Veterans Parkway to Chinden (US 20/26) via 36th/37th rRD308 ~HiN Rd Extension, Horseshoe Bend Rd / Sffite St 07x11 ConstYR & Priority 2010 2008 2011 2010 2007 PD 2011 PD 2011 PD PD 2010 2009 2008 PD 2011 2009 OF OF 2009 PD 2007 2009 OF OF PD PD 2007 OF OF + PD -- 2009 17 9 14 25 15 26 11 12 13 27 18 B 16 24 3 4 30 38 28 5 22 21 35 2 19 20 10 32 34 _ i 31 PD 32 ~ 37 - _ ~ ~ , -~ 29 ~~ - -- - -.1 ~ 08x12ConstYR 8~ Priority „~ ~ 28 Ji 2011 _ 14_ - _~ P9 -1 ors ~ f4- 1 _~ 8 ~ PD ~12 t 2_011 8 I PO ~ 22 i 14 -T- 32 - - ~ '„ 18 T 2008 '_ 8 PD 3 2011 --~-_ 3 _I OF ~ 21 ~ OF 32 t 2009 ~ --- 6 -- ~ _ __ 3__ '. ~~s ~8~ ~ _18 _. ~ OF ~ 32 OF ~~ 6 _ PD '_~ 24 _. _ ~ _22- ~~A ~ 17 26 --18- ~IN239b ~IN050 ~IN-005-01 ;36th Street and Hill Rd and Catalpa ;Avenue D / E; Main St /04th Street; Bridge Ave (Kona) ;Clovendale Rd and Ustick_Rd 2008 ` PD 2011 ~ -- - ~ ~ 2~1 ~IN281 iFairview Ave and Goverdale Rd IN099 ;Fairview Ave and Cole Rd ~~ ~IN158 ;Main and Waltman & Meridian and Central ~ ~IN205-12 ;Maple Grove R_d a_nd Franklin Rd ~ ~IN205-118 ~Ustick Rd and Locust Grove Rd FNea-i &ig~aiizedi ~~interse~tions~ 2007 pp 2009 _2010 OF , ~~ _ -" ~~ i pD 2009 201p ~~ OF ~~~~ ~ ~--- - ~IN289 03rd Street and Myrtle (US 2_0/26) - Signalizatlan ~ IN_205-120 ~Amfty Rd and Maple Grove Rd _ __ _ _ _ I IN203-01 ~Bladc Cat Rd and Franklin Rd _ _ _ t IN203-1_0 ~Farrnan and Gowen and Pleasant Vatiey IN205-0_4 IF_ederal Way and Victory Rd - - - IN203-18 ~Frarddin Rd and Liberty St 2~8 OF PD pp _PD Y 2011 -~, _ 6 T U_F pD 11 pp '~-"10 ~_ PD , 16 rr 1 L IN071 !Front St (US 20/26) and 05th Street 2008 2~8 2 IN205-119 ;Maple Grove Rd and Desert Ave __ OF OF 31 1/8/2007 Page 1 of 2 GIS: _ IN132 IN202-19 PROJECT: Maple Grove Rd and Hackamore Dr McAAiilan Rd and Locust Grove Rd iiruriu ,Pine Ave and Linder Rd ~IN206-01 SH 44 /State St / Ballantyne Ln Realig nment ~IN204-01 _ ;SH 69 (Meridian Rd) and Columbia Rd IN203-25 ~ Star Rd and McMillan Rd IN023a State St (SH 44) and Bogart Lane ~IN205-03 "i'en Mile Rd and Amity Rd ~IN203-07 Ten Mile Rd and Franklin Rd ~IN202-10 'Ten Mile Rd and McMillan Rd ~IN205-90 Ten Mile Rd and Victory Rd ~IN202-07 !Ustick Rd and Linder Rd ~IN202-06 'Ustick Rd and Meridian Rd ~IN277 Victory Rd and Eagle Rd ~~~~~1 -- 07x11ConstYR & Priority ~ 08x12ConstYR & Priority 2010 2010 ~ 10 +- -- -- f 2010 _ '"~~ _ _9,.__I 2008 ~~ 3 i, 2009 i ~ - 4 -- I 2010 ~ 2010 -_ 5 _ ~ OF OF 31 PD PD 14 ~ I 2011 2011 _ 13 __ 2007 -~ _ _- __ - OF ~ OF 13 + OF OF ~__ 8 - . 2008 2008 1 2010 ~ ~ -- - _ 7 2007 ~~a j IMA077 ;Cloverdale Rd Bridge #344 MA202-05 iOld Horseshoe Bend Rd Bridge #42a ~MA203-02 ParkCenter Blvd-East River Crossing Brldlge Reha by'ReplacetneM?end' Relli.Projects ~MI204-02 AAmity Rd #299 - - ~MI203-18 Amity Rd #301 ~MI204-04 :Amity Rd #302 MI70 ,fang Road Bridge #336 MI203-35 !Lake Hazel Rd Bridge #304 M1200-04 ;Latch St #3908 ~MI55 'Ten Mile Rd Bridge #210 ~M12 03-01 Victory Rd, 1 / 4 mile east of Locust Grove #296 _ IM1203-34 '.Wylie Lane Bridge # 93 IiCort'>Im~nityi ProglRalmi ,Curb, Quttsr antl~ Sldewelk Projects - Jndividual Projects CGSP206-13 ,08th Street, 1400 W 8th St / Cherry Lane CGS205-14 _ ~32_nd St (E s_ ide), Grace / Dewey CGSP206-04 Catalpa Dr, Collister Dr /36th St ~CGSP205-14 ;Hill Rd, 13th St / 15th St CGSP205-12 ;Pennsylvania St, Longmont Ave / Leadville Ave ~CGSP205-10 Taft Strest, Innes St /Sycamore Drive (north side) ~ENH204-01 'Warm Springs /Granite Way / Penftentiary Enhancement Project 2008 -- 2009 2008 1 r e __~. ~,,,_ __-__ _-_ ~~ __ _._.._ _ .I 2008 1 ~ PD ~ - _T PO _ ~ PD _ ~ _-___ - _. PD PD 2008 2010 _ ___ 20pg __ _ .___. ~~ PD ~ _ __ PD ~ PD __-_ - _ i 2010 2010 t 2008 -~, -_--- _' 2009 6 , , 4 _ _~ ~ 2008 14 ~~ -- g ~. 2008 5 _ 20~ 3 - -.I f 2008 10 r r ~ _-- 1 - 1 2008 g - ~ ~ _. ~ - -- 2008 B i r ~ +8 - - 2007 2 ~~ 2 1/8!2007 Page 2 of 2 Draft~O8 - 2012 i=YWP Update: Meridia~Projects Pro ect • ~ 07-11 FYWP Const Yr 08-12 FYWP Const Yr Lanes Total Protect Cost x 1000 City Priori Notes L~ ° ~ ,40: ~ ass e~ Fairview, Ea le to Cloverdale PD PD 7 $6,732 13 Fairview, Locust Grove to Ea le PD PD 7 $7,054 13 ~ ~ W° i.. ~,L~oc~~(rC PD Franklin, Black Cat to Ten Mile PD PD 5 $6,450 3 i=ranklin, Ten Mile to Linder 2011 2011 5 $5,635 3 ~° 11"a c lt0 Mtn ~ a o 2`~Qto it 00 ~ Linder, Franklin to Ustick OF OF 5 $10,187 9 LOCUSt Grove Ove aSS 2006 2007 WA $3,400 NIA Broke ground to oeaerr~beY McMillan, Locust Grove to Ea le OF OF 5 $4,565 N/A Meridian S lit Corridor Phasel 2009 2009 6 $8,706 1 onrraaN Meridian S Iit'Corridor Phase 2 PD 2012 5 and 6 $8,838 1 T en: Mile.Franklin tto Che .2008 2008 5 $ 1 8,7 83 2 Intersedio~e<PNe artd FranWin Included S ~ U ~~i° ly V IRI d ~ ~. CSV UOo ~ ~g ~ ~y ~°~// ~ ~ U ., - i J..,41 Ten Mile, Overland to Franklin OF OF 5 $4,154.40 1 1ncladed w~iMemhange Ustick,iooust Grove to Leslie OF PD 5 $3,415 7 Ustick, Meridian to Locust Gorove OF PD 5 $4,568 7 • Main, Waltman, Meridian, and Central 2009 2009 varies $4,004 1 ma„dedinPhaaa, Ustick/Locust Grove OF OF 7 x 6 $4,038 N/A • Black CaUFranklin PD PD TBD $2,400 N/A Included w/ Frenldin, BIaGt Cat to Ten Mile • r e ~ :~ 7 / a oa° oo" ~~~~ ~~C~ ~ SH 89/Columbia 2010 2010 $731 NIA Star/McMillan OF OF 3 x 3 $1,350 N/A Ten Mlle/Ami 2011 2011 rotmdabout $1,091 N/A 4c~ /U`'rf~ a~iat a o7 o a~o ~J >~ 7 r Ten Mile/McMillan OF OF 6 x 4 $2,173 N/A Ten MileNiCto OF OF TBD $1,800 N/A Inciudetl w/Ten Mlle, FranWinro Cherry UstickiLinder ' 2008 2008 6 x 6 $4,122 1 x~~nrcoo 0 o Zoo t10 `~i >~ ~ o o p = a / o a o'o s ;:~ e ~ Anti #299 iwk MerkNen Rd; Catktne tateraQ PD 2011 5 $427 N/A VICt0 X296 (e/o Locust (trove; Eight Mlle taterap 2010 2010 5 $272 N/A Fariview Conce t Stud In Process $1,200 WA Ustick Corridor Stud $460 N/A • • ~ Franklin, McDermott to Black Cat OF N/A 5 $4,600 N/A Ten Mile, V(cto to Overiand OF N/A 5 $4,000 NIA ` L endlMcMillan; Intersection PD N/A $200 N/A McMillan/Cinder, Intersection` PD N/A 4 x 6 $1,900 5 oewai aper Partnerehip;Advence Conswct McMipan/Meridian; Intersection ` OF NIA 4x4 $1,600 4 D evalaper Partnership; Atlvance Construct SH 69Nicto ,Intersection 2008: N/A ~V+~00 NIA A CHC Design, ITD Construct eagle Bridge # 245tnro cau.w,a Rawson canap ' 2009 NIA $144 N/A a ~ ~ s oo ° floe oo ' o 0 to :, it ~~~.~r. ii iH f~ ru,vBao,,anuary v, nwr On Track ~ a ~ a a UFNF - PD/PD Pro'ects Removed: January 5, 2007 MERIDIAN CITY COUNCIL MEETING January 9, 2007 FP 06-051 APPLICANT Majestic, Inc ITEM NO. $ REQUEST Fnal Plat approval for 27 single-family residential building lots and 4 common lots on 10.94 acres in a R-4 zone for Bitterbrush Point Subdivision -East of Meridian Road and north of Victory Road. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shah become properly of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL C/C January 9, 2007 IN THE MATTER OF THE ) APPLICATION OF MAJESTIC ) , INC., FOR FINAL PLAT ) APPROVAL OF 27 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 4 COMMON LOTS ON ) 10.94 ACRES IN AN R-4 ZONE ) LOCATED EAST OF MERIDIAN ) ROAD AND NORTH OF VICTORY ) ROAD IN A PORTION OF ) GOVERNMENT LOT 4, T. 3N., R. ) lE., SECTION 19 ) CASE NO. FP-06-051 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on January 9, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 9, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1 • The Final Plat of "PLAT SHOWING BITTERBRUSH POINT SUBDIVISION LOCATED IN A PORTION OF GOVERNMENT LOT 4, T. 3N., R.1 E., SECTION 19, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BITTERBRUSH SUBDIVISION / (FP-06-051) Page 1 of 4 ~ i HANDWRITTEN DATE: 10/25/06, SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC", MAJESTIC, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments asset forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 9, 2007, listing 23 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Majestic, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their January 9, 2007 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; thatrun-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is ORDER OF CONDTI'IONAL APPROVAL OF FINAL PLAT FOR BITTERBRUSH SUBDIVISION / (FP-06-051) Page 2 of 4 preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BITTERBRUSH SUBDIVISION / (FP-06-051) Page 3 of 4 i ~ in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the q~ day of ~~~ ~. , 2007. __--~ By. ~ ~. - Y. `\\~,,~ I I I I,,,,,,; O~ T de WEERD ATTEST: " ,.1`~~\`C~~ '~,~ ~` A~, ~~~~ - WILLIAM G. BERG, JR., C CLERK 9 1 (''~ ° !!„1 B 1 1111111 \ Copy served upon: / Applicant -~ Planning Department ~~ Public Works Department City Attorney B Dated: ~ -3 I - O -1 ity Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BTTTERBRUSH SUBDIVISION / (FP-06-051) Page 4 of 4 CITY OF MERIDIA~LANNING AND PUBLIC WORKS DE•RTMENTS STA FF REPORT -~ _~Y ~: fr ,~. STAFF REPORT: Hearing Date: January 9, 2007 ~'~'"" ~,r #~`, ~' ~. Transmittal Date: January 4, 2007 - ~ : ',~°' ~~ G u~.~s-rte TO: Mayor and City Council ,:. °"` ~~,~~ FROM: Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator ~ C- SUBJECT: Bitterbrush Point Subdivision Final Plat Request for Final Plat Approval of Bitterbrush Point Subdivision Consisting of 27 Single-Family Residential Building Lots and 4 Common Lots on 10.94 Acres in an R-4 Zone by Majestic, Inc. (File# FP-O~OSI). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUIVIlVIARY & LOCATION The applicant, Majestic, Inc., has applied for final plat approval of 27 single-family residential building lots and 4 common lots on 10.94 acres of land for Bitterbrush Point Subdivision. The current zoning designation for the proposed subdivision is R-4 (Medium Low-Density Residential). The gross density of the proposed subdivision is 2.47 dwelling units per acre and the net density is 3.07 dwelling units per acre. Bitterbrush Point Subdivision is located east of Meridian Road and north of Victory Road in the SW 1/4 of T. 3N., R.1 E., Section 19. This property has not been previously platted. The City Council approved the preliminary plat for Bitterbrush Point Subdivision on October 3, 2006 and the submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Bitterbrush Point Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved preliminary plat (PP-06-034) and annexation and zoning (AZ-06-036) applications. 2. The applicant's application has indicated that the pressurized irrigation system in this development is to be owned and operated by Nampa and Meridian Irrigation District, however the plat has a note indicating that the Homeowner's Association will own the system. If it is a private system then a draft copy of the operation and maintenance manual shall be submitted prior to plan approval with a final copy being submitted prior to plat signature. If it is to be owned by an irrigation district a letter of plan approval shall be submitted prior to scheduling of a pre- construction meeting. Exhibit "A" FP-06-051 Bitterbrush Point Subdivision FP.doc PAGE 1 CITY OF MERIDIA~LANNING AND PUBLIC WORKS DE•RTMENT S STAFF REPORT Revise the construction plans to show a source for the required pressurized irrigation system in this development. If the source is to be an on-site pump station then the pump station shall be in a common lot, outside of any required street buffers. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection to the potable water system is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 6. Sanitary sewer to this site is being proposed via extension of mains located in Meridian Road. These mains are temporarily flowing out of shed. The applicant shall wait for the Black Cat Trunk to connect to the Glacier Springs Diversion manhole or construct anoff--peak storage station, design and location shall be coordinated with the Public Works Department. 7. Lots14-16, Block 2 have an easement for the Kennedy Lateral shown on them. Prior to signature on the plat, the applicant shall either: a. Submit a copy of a license agreement with Nampa and Meridian Irrigation District allowing the individual lots to fence to their property line. b. If the Kennedy Lateral is to moved, submit evidence that the easement has been vacated. c. Revise the plat to remove the portion of those lots encumbered by the easement, and place it in a common lot. All buildable lots shall meet the minimum dimensional standards of the UDC. A fourteen-foot wide all weather access road shall be constructed to all allow access to all manholes not located within the right-of--way. 9. Prior to plan approval the applicant shall submit a sewer easement, on the City of Meridian's standard forms, for the off-site sewer. 10. Due to a City of Meridian sewer main, there shall be no trees allowed within Lot 13, Block 2. 11. The applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Minimum cover over sewer mains is three-feet. If there is less than three feet from top of pipe to sub-grade then upgraded pipe materials shall be used per City of Meridian Standard Specifications. 12. Water service to this site is being proposed via extension of mains in Observation Point Subdivision. The applicant shall be responsible to install mains to and through this development. Coordinate main size and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 13. No manholes or water valves shall be allowed within landscape islands. 14. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Exhibit "A" FP-06-051 Bitterbrush Point Subdivision FP.doc PAGE 2 CITY OF MERIDIAN~LANNING AND PUBLIC WORKS DE•RTMENT S STAFF REPORT 15. The property below the Kennedy Lateral is labeled on the plat as "unplatted". However, it is platted as Mussell Corner Subdivision. Revise the plat accordingly. 16. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 17. Graphically depict a special setback in the following locations. The setback needs to be sufficient to ensure the Department of Environmental Quality's required 20-feet of separation between a building foundation and infiltration trench. a. Adjacent to the right-of--way on Lots 7, 8, and 10 Block 2. b. The north boundary of Lots 3-4, Block 1. c. The east boundary of Lot 20, Block 2. 18. Graphically depict a wider Public Utilities, Drainage and Irrigation easement in the following locations (the easement is needed to accommodate the Irrigation District's desire to have 5-feet of easement past the centerline of the pressurized irrigation pipe being installed): a. The eastern boundary of Lot 20, Block 2. b. The northern boundary of Lot 4, Block 1. 19. Remove the graphically depicted 5-foot easement on the north side of Lot 3, Block 3. It has to be the standard 10-feet wide to accommodate the irrigation main being installed. 20. Revise or add the following plat notes on the face of the plat prepazed by Engineering Northwest, LLC, and dated 10/25/06: 8.) Either remove this note or revise it to reference the actual owner of the pressurized irrigation system. 11.) Revise to read, "Building setbacks and dimensional standazds in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian." 21. The landscape plan, prepazed by The Land Group, Inc., and dated 12/27/06, shall be revised as follows: a. Extend the pathway located on Lot 13, Block 2 to the property boundary to provide a usable pedestrian connection to Mussell Corner Subdivision; b. Trees aze not permitted on Lot 13, Block 2, revise plan accordingly; c. Show the required sewer access road on the northwestern portion of Lot 4, Block 2. The road shall not extend past the southern boundary of Lot 13, Block 2. Submit three full-size copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 22. All azeas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space aze subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standazds of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable azea. It is the responsibility of Exhibit "A" FP-06-051 Bitterbntsh Point Subdivision FP.doc PAGE 3 CITY OF MERIDIAN~LANNING AND PUBLIC WORKS DE•RTMEN TS STAFF REPORT the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 23. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. STANDARD CONDITIONS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. Exhibit "A" FP-06-051 Bitterbrush Point Subdivision FP.doc PAGE 4 CITY OF MERIDIAN~LANNING AND PUBLIC WORKS DE•RT MENTS STAFF REPORT 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF ItECONIMENDATION Staff recommends approval of the final plat for Bitterbrush Point Subdivision (FP-06-051) with the above stated conditions. Exhibit "A" FP-06-051 Bitterbrush Point Subdivision FP.doc PAGE 5 01-08-'D7 16:44 Ma 'estic 2000 ~. Overland FAgP}-~i.neering N . UI . lac. 2t~83765556 • T-086 I'n02l1i~3 F-228 Meridian, Idaho 83742 January S, 2007 Mayor and City Council - City of Meridian 660 E. Watertawer, Suite 200 Meridian, I17 33642 Re: File No. FP-06-051 13itterbrush Point Subdivision (208} 888-3337 • Fax (208) 588-3088 'VTA FAX: 898-9551 We, Majestic, Yne. accept the conditions of approval as outlined by staff for the above referenced project. Our response to the City's Site Specific Conditions fqr this project is as follows: Site Specific Conditions 1) All terms of the approved Preliminary Plat (PP-06-034) and annexation and zoning (AZ-06-036) agreement. 2) The Nampa & Meridian Irrigation district will own and maintain the pressure irrigation system within this development. The notes on the plat have been revised accordingly. An approval letter from the irrigation district will be provided prior to the pre-construction meeting. 3) The construction plans have been revised to show the source of the pressurized irrigation system. 4) A single-point connection for year-round supply to the pressurized irrigation system has been added to the construction plans. 5) Agree. 6) An off-peak storage station is being designed per the preliminary plat approval to accommodate the flow concerns for the sewer main located in Meridian Road. 7) Agree. 8) A fourteen-foot vide all weather access road to allow access to ali sewer manholes not located within the right-of--way ahs been added to the construction plans. 9) A sewer easement for the off-site sewer will be provided on the City of Meridian's standard forms prior to plan approval. 10) Agree. 11) Per Michael Cole, the sewer construction to and through will not be required to the point of connection to Edmonds Subdivision. 12) Agree. 13) Agree. 14) There are no domestic wells or septic systems located within this project. Exhibit "B° 01-08-'07 16;44 FI~OM~ineering N.U1, 2083765556 ~ T-086 P003/003 F-228 l5) The plat has been t~viscd to include "Musscll Comer Subdivision" below the Kennedy Lateral instr:ad ot'"CJnplaned". ltS) A copy of the Ada County Street Name Committee's "Fittal" letter will be provided prior to We si~sing of the fiaai plat. l 7) The 20-foot sctbaak rt:quiremeat for 1)EQ $est Management Practices between seepage bed end building foundation will be depicted on the plat for the follo~cving tots a) Adjacent to the right-of-way on Lots 7', 8, and 10 Block 3 b) The north boundary of Lots 3-4, $loek t c) The east boundary of Lot 20, Block 2 l 8) A wider Public Utilipes, Drainage and JzrigBtion eesett:ent located on side lots to accommodate the Irrigation District's desue to have 5-feet o f easement past else centerline of the pressurized irrigation pipe has been BraPlveall'y depicted on the plat for the lots aed blocks required. l 9) The S-foot easement depickd on the north bour-dary of I..ot 3, flock 3 has been reanoved paz the review comments. 20) Note B has been ranoved from the fatal plat and Hate i l ors the final plat has been revised per review comments 2 t~ The landscape plan, pr+cpazed by The Land Crroup dated i2J37/2006 will be revised per staifcomments and three copies submitted to the City Engineer prior to the signing of the final plat- ZZ) Agree. Z3) Agree. Standard Conditions The developer agrees to all the standard conditions contained in the staff report, trasismitial date: January 4, 2007. Should you have any questions or need anything else feel frze to give me a call. 7'hat>& you, .~,. Marie Cattfie Martager Majestic. lnc. Xc: Eugene P. Smit's, t?_E. Exhibit "[3° January 5, 200b FP Ob-052 MERIDIAN CITY COUNGL MEETING January 9, 2007 APPLICANT Bellingham Park, LLC ITEM NO. 9 REQUEST Final Plat approval for 38 single-family residential building lots and 5 common lots on 7.76 acres in an R$ zone for Bellingham Park Subdivision No. 3 - S. Locust Grove Road and south of Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Recommendations See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Mat®riats presented at public meetings shop become property of the CHy of Meddlan. ~! • • BEFORE THE MERIDIAN CITY COUNCIL C/C January 9, 2007 IN THE MATTER OF THE ) APPLICATION OF BELLINGHAM ) PARK, LLC, FOR FINAL PLAT ) APPROVAL OF 38 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 5 COMMON LOTS ON ) 7.76 ACRES IN AN R-8 ZONE ) LOCATED ON SOUTH LOCUST ) GROVE ROAD AND SOUTH OF ) VICTORY ROAD IN THE SW '/ OF ) T. 3N., R. lE., SECTION 29 ) CASE NO. FP-06-052 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on January 9, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 9, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING BELLINGHAM PARK SUBDIVISION N0.3 LOCATED IN THE SW % OF T. 3N., R. lE., SECTION 29, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 01/20/06, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO. 3 / (FP-06-052) Page 1 of 4 • r SHEET 1 OF 5, BAILEY ENGINEERING, INC." BELLINGHAM PARK, LLC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 9, 2007, listing 20 SITE SPECIFIC REQUIREMENTS/FINAL, PLAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Bailey Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their January 9, 2007 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO. 3 / (FP-06-052) Page 2 of 4 • • 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO. 3 / (FP-06-052) Page 3 of 4 i ~ after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~' day of (~ , 2007. ATTEST: WILLIAM G. BERG, JR Copy served upon: \\\\,4,,,~~iu,By; ~ `\\~~.~`~,~~ ~ ~ YOR de WEERD ~~,r -;. ~o ~.~~~ ~LE ~ `'~~/p/fliiit4484\\\\ _~ Applicant _~/ Planning Department _,~ Public Works Department a/ City Attorney By: City Clerk's Office Dated:_ (-31-0`1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PART{ SUBDIVISION NO. 3 / (FP-06-052) Page 4 of CITY OF MERIDIAN~LANNING AND PUBLIC WORKS DEP•ARTMEN TS STAFF REPORT - ~~ ~. ,r ,- STAFF REPORT: Hearing Date: January 9, 2007 ~° ~'~ ~~' ~ ` ~ ~f ~, ;~ - ~. Transmittal Date: January 4, 2007 ~f°~~ ~ q ~.v~~a TO: Mayor and City Council ,~ ,~° FROM: ~~~~~~R4e ~ - Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator ~ C- SUBJECT: Bellingham Pazk Subdivision No.3 Final Plat Request for Final Plat Approval of Bellingham Park Subdivision No. 3 Consisting of 38 Single-Family Residential Building Lots and 5 Common Lots on 7.76 Acres in an R-8 Zone by Bellingham Park, LLC. (File# FP-06-052). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Bellingham Pazk, LLC, has applied for final plat approval of 38 single-family residential building lots and 5 common lots on 7.76 acres of land for Bellingham Park Subdivision No. 3. The current zoning designation for the proposed subdivision is R-8 (Medium-Density Residential). The gross density of the proposed subdivision is 7.47 dwelling units per acre and the net density is 5.41 dwelling units per acre. Bellingham Park Subdivision No.3 is located on South Locust Grove Road and south of Victory Road in the SW 1/4 of T. 3N., R.IE., Section 29. This property has not been previously platted. A Conditional Use Permit for a Planned Development was approved for this subdivision that allowed for reductions to the minimum requirements for street frontage (from 65 feet to 36 feet on non cul-de-sac lots) and lot size (from 6,500 s.f. to 4,140 s.f.). The City Council approved the preliminary plat for Bellingham Park Subdivision on July 26, 2005 and the submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Bellingham Park Subdivision No. 3 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-OS-007), preliminary plat (PP-OS- 009), conditional use permit (CUP-OS-008) and development agreement (Inst. No. 105134292). 2. The applicant has indicated that Nampa and Meridian Irrigation District will own and operate the required pressurized irrigation system in this development. Therefore a letter of plan approval from NMID shall be submitted prior to scheduling of apre-construction meeting. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water. If a single-point connection to the potable water system is used, the developer Exhibit "A" FP-06-052 Bellingham Park Subdivision No. 3 FP.doc PAGE CITY OF MERIDIAN~ANNING AND PUBLIC WORKS DEPART MENTS STAFF REPORT shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 5. The applicant shall be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Minimum cover over sewer mains is three-feet. If there is less than three feet from top of pipe to sub-grade then upgraded pipe materials shall be used per City of Meridian Standard Specifications. 6. The street frontage for Lot 40, Block 1 shall be widened to a width of 20-feet. The extra width is needed for the Public Work's requirement of a 20-feet easement over sewer mains. 7. Graphically depict on the face of the plat the 20-foot wide sewer easement over Lot 40, Block 1, or record a separate document using the City of Meridian's standazd forms. 8. No manholes or water valves shall be allowed within landscape islands. 9. Complete the book and page numbers in the Certificate of Owners. 10. This property has a Development Agreement that states, "That development of Phases III and TV shall not commence until FEMA approves the proposed Letter of Map Revision and the flood designation has been revised for Ten-Mile Creek. If the flood plain and floodway boundaries presented with this application are not approved by FEMA, the applicant shall have two options: 1) remove any lots within the FEMA-approved floodplain boundaries or 2) resubmit for preliminary plat approval of Phases II and III." Therefore, the City will not issue building permits on this phase until the FEMA-approved LOMAR is submitted to Public Works. 11. If the bridge crossing of the Ten Mile Creek is to be done on this phase a "No Rise Analysis" shall be submitted to Public Works prior to plan approval. 12. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 13. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 14. At the City Council preliminary plat hearing for this project the applicant testified that all buildings in this development would use slab-on-grade construction. Slab-on-grade construction shall be utilized in conjunction with typical footings, and builders of each lot shall comply with all recommendations contained in the applicant's Geotechnical Engineering Report (dated 6/10/04) prepared by Michael G. Woodworth, P.E., of Materials Testing & Inspection, Inc. regarding slab on grade construction. The builder of each lot shall provide fill material gradation certification and a minimum of one compaction testing report per 500 squaze feet of first floor area (including garage) and provide such reports to the Meridian Building Department prior to commencement of any framing. Exhibit "A" FP-06-052 Bellingham Pazk Subdivision No. 3 FP.doc PAGE CITY OF MERIDIAN~LANNING AND PUBLIC WORKS D EPARTMENTS STAFF REPORT 15. A covenant shall be recorded for each lot within Bellingham Park Subdivision stating that the owner of the lot shall be responsible for maintenance of the drainage swale located on ACHD right-of--way fronting on the lot. 16. A permanent public pedestrian easement shall be created for the lots that contain the multi-use pathway, and recorded prior to issuance of any building permits within the subdivision. The easement and/or right-of--way shall be sufficient width to cover the 10-foot wide pathway shown. The hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. Applicant shall work with the City Parks Dept. and conform to the Park's Dept. standards for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 17. Revise or add the following plat notes on the face of the plat prepared by Bailey Engineering, Inc., and dated 01/20/06: 7.) Include instrument number. 18. The landscape plan, prepared by The Land Group, Inc., and dated 02/13/06, shall be revised as follows: a. Depict and construct a micropath on Lot 40, Block 1; b. Relocate two of the trees proposed on the north side of E. Wrightwood Drive, currently within the right-of--way, to be within Lot 39, Block 1 -the other trees shall be installed in the right-of--way, if allowed by ACHD; c. Unless allowed by ACHD, remove the trees on the south side of E. Deerhill Street, currently within the right-of--way; d. Revise the fencing adjacent Lot 40, Block 1 to be 6-foot open-vision constructed of a non-combustible material; e• Add the tree class to the plant schedule; f. Include the symbol for the multi-use pathway in the legend or include label on the plan; g. Revise the calculations table to accurately depict the mentioned changes regarding trees. Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 19. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 20. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. STANDARD CONDITIONS FP-06-052 Bellin Exhibit "A" gham Park Subdivision No. 3 FP.doc PAGF CITY OF MERIDIAN~LANNING AND PUBLIC WORKS DE•RTMEN TS STAFF REPORT 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered bacld7ll, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, maybe considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. Exhibit "A" FP-06-052 Bellingham Park Subdivision No. 3 FP.doc PAGF CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DE• ARTMENTS STAFF REPORT STAFF RECOMMENDATION Staff recommends approval of the final plat for Bellingham Park Subdivision No. 3 (FP-06-052) with the above stated conditions. Exhibit "A" FP-06-052 Bellingham Park Subdivision No. 3 FP.doc PAGE alley Engineering,lnc. CIVIL ENGINEERING~PLANNING~CADD DATE: January 9, 2007 T0: Mayor aild City Council ~~ Belllingham Subdivision No. 3 Dear Mayor and City Council, On behalf of otu• client we would like to state that Gemstat• Properties, LLC., agrees with all Site Specific Conmients and Conditions set fot~h in the final plai for Bellingham Subdivision No. 3. Thank you for your time and consideration, Sincerely, ~.,1 Bobi Ulrich 1500 E. Iron Eagle Drive o Eagle, Idaho 83616 o Tel.: 208-938-0013 • Fax: 208-938-0516 www.baileyengineers.com Exhibit "B" January 5, 2007 FP 06-053 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT Thy Traditions by Amyx II, LLp ITEM NO. 10 REQUEST Final Plat approval for 66 single-family residential building lots and 8 common lots on 28.22 acres in an R-4 zone for Zebulon Heights Subdivision No. 2 -West of Eagle R©ad and South McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Recommendations See attached Commends Con#acted: Date: Phone: _ Emailed: Staff Initials: Materials present®d at public meetings shah become property of the CHy of Meridian. i~ BEFORE THE MERIDIAN CITY COUNCIL C/C January 9, 2007 IN THE MATTER OF THE ) APPLICATION OF THE ) TRADITIONS BY AMYX II, LLP ) FOR FINAL PLAT APPROVAL OF ) 66 SINGLE-FAMILY ) RESIDENTIAL BUILDING LOTS ) AND 8 COMMON LOTS ON 28.22 ) ACRES IN AN R-4 ZONE ) LOCATED WEST OF EAGLE ) ROAD AND SOUTH OF ) MCMILLAN ROAD IN THE NE 1/ ) OF T. 4N., R. lE., SECTION 32 ) CASE NO. FP-06-053 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on January 9, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 9, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING ZEBULON HEIGHTS SUBDIVISION N0.2 LOCATED IN THE NE % OF T. 4N., R. 1 E., SECTION 32, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 11/08/06, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ZEBULON HEIGHTS SUBDIVISION N0.2 / (FP-06-053) Page 1 of 5 SHEET 1 OF 3, ENGINEERING SOLUTIONS, LLP", TRADITIONS BY AMYX II, LLP, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 9, 2007, listing 20 SITE SPECIFIC REQUIREMENTS/FINALPZAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 3 pages, and by this reference incorporated herein, and the memo from Michael Cole, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein and the additional requirements of the Council taken at their January 9, 2007 meeting a,s follows, to-wit: 1.1 Adopt the action of the City Council taken at their January 9, 2007 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, numbers 8, 11, and 16, such now that they be stricken or read as follows: CONDITIONS OF APPROVAL 8. Applicant shall coordinate with the City Parks ~~ ~~~~ Dept. on Ana „~ ~ *~~ n ~ ' n standards for construction of the pathway. The Homeowner's ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR ZEBULON HEIGHTS SUBDIVISION N0.2 / (FP-06-053) Page 2 of 5 Association is responsible for maintenance of all landscaping adjacent to the pathway. 11. A 12-inch main shall be constructed in E. Camas Creek Way as depicted on the construction plans. 16. Strike note. 1.2 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR ZEBULON HEIGHTS SUBDIVISION N0.2 / (FP-06-053) Page 3 of 5 • 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAI~NGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, withintwenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~ of Q1~ ~~* 2007. 0 ATTES ~~ .~`~~~~ ~ '~.~ - YO/F WII,LIAM G. BERG, J ., CITY~L }_;~~,,~ ~ ~~~ 1~Q~ r~rr a~ ~~ ~a\`o~ ORDER OF CONDITIONAL APPROV~,A °~~'T FOR ZEBULON HEIGHTS SUBDIVISION 1V~'(~.° "~°%q~,-06-053) ~,~ Page 4l~o~f 5 day de WEERD i Copy served upon: Public Works Department '`City Attorney /~Applicant -~~lanning Department City Clerk's Office Dated: ~ - Z~ -~ 7 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ZEEULON HEIGHTS SUBDIVISION N0.2 / (FP-06-053) Page 5 of 5 CITY OF MERIDIAN~LANNING AND PUBLIC WORKS DEPARTMENTS STAFF R EPORT a STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: January 9, 2007 Transmittal Date: January 4, 2007 Mayor and City Council x'~~ F?+ L* ~~yy -... .:~_ 1`'lr~ '~ ~.~~ ~~ %~~~ _ nrsam~,!~q~ ~ Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator ~ C Zebulon Heights Subdivision No. 2 Final Plat Request for Final Plat Approval of Zebulon Heights Subdivision No. 2 Consisting of 66 Single-Family Residential Building Lots and 8 Common Lots on 28.22 Acres in an R-4 Zone by The Traditions by Amyx II, LLP (File# FP- 06 053). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION Si]NIlVIARY & LOCATION The applicant, The Traditions by Amyx II, LLP, has applied for fmal plat approval of 66 single-family residential building lots and 8 common lots on 28.22 acres of land for Zebulon Heights Subdivision No. 2. The current zoning designation for the proposed subdivision is R-4 (Medium Low-Density Residential). The gross density of the proposed subdivision is 2.89 dwelling units per acre and the net density is 3.2 dwelling units per acre. Zebulon Heights No. 2 Subdivision is located west of Eagle Road and south of McMillan Road in the NE 1/4 of T. 4N., R.IE., Section 19. This property has not been previously platted. The Meridian City Council approved the preliminary plat for Zebulon Heights Subdivision No. 2 on April 19, 2005 and the submitted final plat substantially complies with the approved preliminary plat. NOTE: This phase of Zebulon Heights is being called and will be recorded as phase No. 2. However, this is the first final plat phase that is being processed by the City of Meridian; the first phase of the Zebulon development was approved and recorded in Boise City. Staff recommends approval of Zebulon Heights Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved preliminary plat (PP-OS-008), conditional use permit (CUP-OS-019) and development agreement (Inst. No. 106111627). 2. The applicant's application has indicated that the pressurized irrigation system in this development is to be owned and operated by Nampa and Meridian Irrigation District, however the plat has a note indicating that the Homeowner's Association will own the system. If it is a private system then a draft copy of the operation and maintenance manual shall be submitted prior to scheduling of a preconstruction meeting with a final copy being submitted prior to plat Exhibit "A" FP-06-053 Zebulon Heights Subdivision No. 2 FP.doc PAG): CITY OF MERIDIAN~LANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPO RT signature. If it is to be owned by an irrigation district a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water. If a single-point connection to the potable water system is used, the developer shall be responsible for the payment of assessments for the irrigable common azeas prior to signature on the final plat by the Meridian City Engineer. 4. The on-site pump station shall be in a common lot, outside of any required street buffers. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 6. Revise the plat to include the bearings and distance for the frontage on Lots 9-10, Block 1. 7. Graphically depict an additional Public Utilities, Drainage and Irrigation Easements width along Wainwright Drive where the sidewalk or multi-use pathway extends out of the right-of--way. There needs to be at least a 10-foot wide easement past the edge of walk/pathway. 8. A permanent public pedestrian easement shall be created for the lots that contain the multi-use pathway, and recorded prior to issuance of any building permits within the subdivision. The easement and/or right-of--way shall be sufficient width to cover the 10-foot wide pathway shown. The hazd surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. Applicant shall work with the City Pazks Dept. and conform to the Pazk's Dept. standazds for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 9. Sanitary sewer and water service to this site aze being proposed via extension of mains proposed in Settlement Bridge Subdivision. These mains aze not currently installed, prior to plan approval the applicant shall submit plans showing the off-site connection to the existing sewer with the accompanying easements OR wait for these mains to be constructed. 10. The applicant shall be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standazd forms of easements, for any mains that aze required to provide service. Minimum cover over sewer mains is three-feet. If there is less than three feet from top of pipe to sub-grade then upgraded pipe materials shall be used per City of Meridian Standazd Specifications. 11. A 12-inch main shall be constructed from McMillan through E. Camas Creek Way as depicted on the construction plans. 12. All portions of buildings located on all lots within the development should be within 150-feet of a paved surface (as measured around the perimeter of the building). A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances shall be separated by no less than %z the diagonal measurement of the project. Prior to issuance of the 51St building permit, a secondary emergency access approved by the Meridian Fire Department shall be provided. Note: this condition only applies if E. Wagon Drive has not been constructed through Settler's Bridge Subdivision No. 6. Furthermore, if E. Wagon Drive has not Exhibit "A" FP-06-053 Zebulon Heights Subdivision No. 2 FP.doc PAGF CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DE• TMENT S STAFF REPORT been constructed provide a temporary turnaround for N. Camas Creek Way. 13. If the Parkins-Nourse Lateral is owned by an Irrigation District, then prior to signature on the final plat by the City Engineer submit evidence of a license agreement which allows the individual property owner's to fence to their property line. If a license agreement can not be obtained, include this azea into a common lot to be owned and maintained by the HOA. 14. Any existing domestic wells andlor septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 15. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 16. Revise or add the following plat notes on the face of the plat prepazed by Idaho Survey Group, and dated 11/08/06: 4.) The application and this plat note aze inconsistent. Please revise this note to indicate the actual owner of the pressurized irrigation system. 13.) Strike note unless it is a requirement from ACHD. If this note is required by ACRD, reword it to allow Lots 11-14 Block 2, and Lots 1-5, Block 3 access to Wainwright Drive. *.) Add note, "Direct lot access to McMillan Road is prohibited"; 17. The landscape plan, prepared by Harvest Design, and dated 11/06/06 shall be revised as follows: a. Include fencing details for the fencing adjacent to Lot 9, Block 4 (i.e. construction materials, & picture/sketch); b. Revise scale to be no smaller than 1 "= 50; Submit three full-size copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 18. All azeas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space aze subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standazds of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 19. Complete the Certificate of Owners, and accompanying acknowledgement. 20. Staff s failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. STANDARD CONDITIONS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the azea being subdivided shall be covered. Plans will need to be Exhibit "A" FP-06-053 Zebulon Heights Subdivision No. 2 FP.doc PAGF CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS S TAFF REPORT approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, maybe considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMN)~NDATION Exhibit "A" FP-06-053 Zebulon Heights Subdivision No. 2 FP.doc PAGF CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMEN TS STAFF REPORT Staff recommends approval of the final plat for Zebulon Heights Subdivision No. 2 (FP-06-053) with the above stated conditions. Exhibit "A" FP-06-053 Zebulon Heights Subdivision No. 2 FP.doc PAGF NGINEERING plarnrng a~~d engineering rommun~t.~es ~`nr the lu(ure ocur~onrs LLP January 9, 2007 Mayor and City Council City of Meridian 33 East Idaho Meridian, ID 83642 Re: Zebulon Heights Subdivision Final Plat File No. FP-06-053 Dear Mayor and Council: I5~ East Aikens Su•ect. Suite R Fiaglc, 1 D 8361 G Phone: (208) 938-0980 fax: (208) 938-09d I E-mail: es-beckym(a)ywest.nct We have reviewed staff comments for the City Council meeting of.lanuary 9.2007, and have; flit: following responses: SITE SPECIFIC CONDITIONS l . The applicant will comply. 2. The pressurized irrigation system is to be owned and operated by the Zebulon Heights Homeowners' Association. 3. The applicant will comply. 4. The applicant will comply. 5. I'he applicant will comply. 6. The applicant will comply. 7. The applicant will comply. S. We respectfully request that pathway standards be coordinated with the Parks Department, as the adopted standards exceed those of public streets. 9. The applicant will comply. C:1Dcx;umrnu and ScttingswigilklLocal SettingsCl'empor~r~ Intcmct FilcsU)I.KCB~RccsResponse (~3).doc Exhibit "B" Mayor and City council January 9, ?007 Page 2 10. The applicant will comply. l ]. The applicant will comply with Mike Cole's memo dated today which indicates service to this site will be through Phase 6 of Settlers Bridge Subdivision, not along McMillan Road. 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. I5. The applicant will comply. 16. The applicant will comply, with the deletion of the requested #.) note, as McMillan Road is not in this phase of the project. l 7. The applicant will comply. ] 8. The applicant will comply. 19. The applicant will comply. 20. Noted. STANDARD COND1T10NS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. $. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. C:\Documents and tiettingslvigilklLocal ScuingcCfempircaq' Intcrnct Piles\(N.kCl3\RecsRcsponse (~1).dcm Exhibit "Q" Mayor and City Louncil January 9, 2007 Page 3 1 1. The applicant will comply. 12. Noted. We have talked to staff about all issues and believe we are now in agreement with the conditions of approval as revised. Please feel free to call me if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Shari Stiles Planner /ss cc: The "traditions by Amya II C:ipucumcnts and Settin~slvigilk\Local ScttingsCfemporar}~ Internet tilts\OLKCB\KecsReaponsc I~l.doc Exhibit °i3" STAFF MEMO City Counci] ~ , y~~; ~~, ,~ ...~5, Hearing Date: January 9, 2006 ~(`~~ 1c/~I~f ~T . , TO: P&Z Commission '~ ' ' "" '' FROM: Michael Cole, Development Services Coordinator SUBJECT: Zebulon Heights Subdivision No. 2 Final Plat • FP-06-053 Final Plat of 66 single-family building lots and 8 common lots on 38.22 acres in a proposed R-4 zone SUMMARY: Staff requests that condition (11) of the staff report be changed to read: 1 l .) A ] 2-inch main shall be constructed in E. Camas Creek Way as depicted on the construction plans. If you have any questions please feel free to contact me at (208) 898-SSOU or t'ul~m u'~9criclian('it}_,ur~,. Exhibit "C" January 5, 2016 PP 06-045 MERIDIAN CITY COUNCIL MEETING January 9, 2017 APPLICANT Spurwing Limited Partnership REM NO. 11 REQUEST Continued Public Hearing from December 12, 2006 -Request for Preliminary Plat approval of 73 residential bldg lots consisting of 46 attached single-family units & 2a detached single-family units & 6 common lots on 20.51 acres in proposed R-8 zone for Spunaing Patio Hom®s Subdh~slon AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See Previous Item Packet /Minutes See attached Staff Comments MERIDIAN POST OFFICE: OTHER: See atttached Letter from Robert 8~ Clare Trerise Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become propert~- of tG~e City of Meridian. January 5, 2006 VAR 06-020 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT Spurwing Limited Partnership ITEM NO. 12 REQUEST Continued Public Hearing from December 12, 20016 -- Request for a VAR to exceed the maximum block length aNowed under 11-2D- oC for Spunaing Pa#ia Homes Subc~vtsion -northeast comer of N. ten Mile Rd & Wesf~ Chinden 81vd AGENCY COMMENTS CITY CLERK: CTIY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEFT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: See Previous Item Packet / Minutes See ariaehed Recommendations No Comment MERIDIAN POST OFFICE: ©THER: See ottvched letter from Robert 8 Clare Trerise Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetMgs shall become properly of the CHy of Meridian. January 5, 2006 AZ 06-056 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT Mike Hill ITEM NO. ~ 3 REQUEST Public Hearing -Request for Annexation and Zoning of 5.2 acres from RUT to R-4 zone for Clearsprings Subdivision - i 035 East McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTWER: Contacted: Emailed: See attached P&Z Item Packet /Minutes See attached Recommendations Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. January 5, 2~I6 PP 06-054 MERIDIAN CffY COUNCIL MEETING January 9, 2007 APPLICANT Mike Hill ITEM NO. 14 REQUEST Public Hearing -Request for Preliminary Plat approval of 11 residential lots and 2 common lots on 5.2 acres in a proposed R-4 zone for Clearsprings Subdivision 1035 East McMillan Road AGENCY COMMENTS CITY CLERK: See attached Pil<Z Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shop become properly of the Cpy of Meridian. January 5, 2006 PP 06-055 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT Ronald Van Auker ITEM NO. 15 REQUEST Continued Public Hearing from January 9, 2007 -Request for Preliminary Plat approval of 8 lots on 39.28 acres in existing I-L zone and C-G zones for Seyarn Subdtvtsion - 3660 East Lanark Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGWWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Previous tt®m Packet / Minutes Date: Phone: Staff Initials: Materials present®d ct pub8c meetings shall beQOme property of the City of Meridian. January 5, 2~6 MERIDIAN CITY COUNCIL MEETING January 9, 217 APPLICANT ITEM NO. ~ 6 REQUEST Public Hearing -For Review and Comment on the proposed addition of a New Public Works Fee of $25.00 for the Floodplain Development Application to offset the cost of staff time and materials in processing an application for floodplain dev. Permit AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO PbWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: _ Emailed: Staff Initials: Ma#erlals present®d at public meetings shall become properly of the City of Meddlan. • January 5, 200b MERIDIAN CITY COUNCIL MEETING • AZ 06-041 January 9, 2007 APPLICANT Larry C. Harpe ITEM NO. 17 REQUEST Ordinance -Request for Annexation and Zoning of 8.95 acres from RUT #o an R-8 zone for Harpe Subdivision - 4715 North Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See aft4ched Crdit~nce 6~ 0'I ~ ~w` Contacted: Date: Phone: A._..~_ Emailed: Staff Initials: Mat®dals preserNed al pubOc meetings shall become property of fh® Cfty of Mertd(an. ADA COUNTY RECORDER J. DAYI~ BOISE IDAHO 01112107 09:24 AM DEPUTY Bonnie Oberbiliig RECORDED-REQUEST OF Meridian Gilt' 1ARR0 AMOUNT .00 ~~~ (~~~~~~~~~~~I~~~~~~~I~~~~~~~~~~ ~~~ 10~~1]~'~~~ CITY OF MERIDIAN ORDINANCE NO. ®7'~~2 ~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-041 HARPE SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF THE NORTHEAST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIlVIITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (LOW DENSITY RESIDENTL~I. DISTRICT) AND R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF TffiS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUNIMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: LaYay C. HaYpe. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Low Density Residential District) and R-8 (Medium Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ-06-041 HARPE SUBDIVISION Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of c~~/d'L GL (~- yJ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ® day of ~ ~, GL ~ (iJ , 2007. MAYOR de WEERD ANNEXATION OF AZ-06-041 HARPE SUBDIVISION Page 2 of 3 ,~.t u, a~. . ATTEST: L ~`®`~ ~ 4~`.~~ `l . ®/ _ l~ • '~ ~ .~ WILLIAM G. BERG, JR., CITY CLERI~,,,J~~ ~:~. z~~ ~°~ ~~~` s~ ~ ~° ®~ v, s~//1fIf11lf9il 148444+~~460®0~~ STATE OF IDAHO, ) ss. County of Ada ) On this ~~' day of ,~1'l l~ Q~D'1~t-. , 2007, before me, the undersigned, a Notary Public in and for said State, peidsonally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. OTARY PUBLIC FOR IDAHO RESIDING AT: (~ ~a L~ 1 . l n MY COMMISSION EXPIRES: ~(9-> > -11 ANNEXATION OF AZ-06-041 HARPE SUBDIVISION Page 3 of 3 ~r ~ ~~~~~~~~~ ~~! DEC 0 52006 xxs ~.~rm caoor, uvc. City Of lyieridian City Clerk Office November 2.1, 2006 Project No. 06Q 18 R-$ Rezone Legal Aescription HARPE SUBDIVISION 6.29 Acres RLZUNE LEGAL A tract of land for rezone purposes being a portion of Lot 7 of Crestwood Subdivision No. 1 {a recorded subdivision on file iu Book 28 of Plats at page 1757, records of Ada County, Idaho): and a portion of the Northeast One Quarter of the Northeast One Quarter. all located in Section 3l, Township 4 North, Range lEast, Boise Meridian, City of Mel7dian, Ada County, Idaho, described as follows; BEGINNING at a found brass cap rnonumenting the Northeast Corner of said Section 31 on the centerline of North Locust Grove, Road, from which a found 5/8•inch steel pin monumenting the East One Quarter of said Section 3l beak South 40°33'04" Wester distance of2,6$9.66 feet; Thence following the easterly line ofsaid Section 31 and the centerline of said North Locust Grove Road; South 40°33'04" West a distance of 660.40 feet to a point; Thence leaving said easterly Iine and said centerline, North 89°46'3$" West a distance of 250.44 feet to a point being the Southeast Corner of said Lot 7; Thence following the southerly line of said Lot 7, North 89°58`24" West a distance of 340,37 feet to a point being the Southwest Corner of said Lot 7; Thence leaving said southerly Iine and following the westerly line of said Lat 7, North 40°33`04" Easi a distance of 319.91 feet to a point; Thence leaving said westerly line, South 89°59`2G" East a distance of340.37 feet to a point on the easterly line of said Lot 7; Thence following said easterly line, North 00°33'04" East a distance of 30&.99 feet to the Northeast Corner of said Lot 7; Thence leaving said easterly line, North 40°33'0" East a distance af33.04 feet to a point on the northerly Iine of said Section 3 l and the centerline of East McMillan Road; Thence following said northerly line and said centerline, South 89°46'35" East a distance of 250.00 feet to the POINT OF BEGINNING. I~rnArrrrpr fbrbiMNrvr •Sil~ 1'/onuir{~ • Cirdlla&irarrigq • GolfCarmr 1rn~ien.¢9rl~gfuarrr{q • C~drCaatwnairetioq 1+10 Itivcr 1''~ata Plaec,'I'win 1'aUs, Wal:o 833011'808.733.4041,1•'208.733-+10+15 • unvwv.tlm s,xl•ren_ ~+a~fe.cam nttr11)~lia~lr 'l'ra:uJer 1'ila~a~06018\II••06f l21_horpc aub_OGf118.,r•B ressme.dvC rf ~~ .~ .. .~~ ~.. THE 1.AiVA G~tOU9, iidC. 7'he above described tract of land contains 6.29 acres, more or less, subject to all existing easements and rights-of-vyay, Prepared By: THE LAND (3RQUP, INC. ~p1Z~" 'r'ill iP 144 RIVER VISTA PLACE gg 1 T1VIN FALLS, IDAI30 83301 'Q°~ ~' ~ 208-733-4041 248-733-4045 (FAX) ~ ~ ~' 7 ~ ~~/J !' 4 1v ~3 ~.~ REVI vA+. BY 1~~1i' S7 ~i~j MERIDIAN PU8t.1C WORKS DEPT. Z.uirltrafirArdairturn • Silr P/nxrr~i{q • CJHillrrgir<caiu~ • Ga!/Camst lrr~tion ¢b' Fggrasr~irg r Crap~t Ca~wRairrkiex 1d0 i2itirc:r 1'iettt 1'lacc,'i ivin 1rapt, JJa3tu $3301 I'20$•?33-dOhl, l•'24$-733.+IO+FS • ~vlvah~inmlur~tmin C):1(:A1711,•;aglt 7'ra~aafcv S~'a)etc\OGOI $11i_(i(,1121_~tarl~r sub_pG418_r•8 ~.nncdo~ ail ~' r ®~ ~~ ~ ~ E ' ~ ~' ~ !~i ~. ~ ~ ~ Z - m~ ~ oD ~~sK ~ ~ c N0033'04"E 66t.t7' Z o ... ~ S ~' ~ 3t9.9t 308.26' _ '~ ~ VJ v Z Ai ~ ~'+ z "' ~" {~ C ~ ~~~~C o ~o~ ~ N o ~~~~ r ~ ~ m ~! ~ m ~ m i,, to }, c z w ~ d-~ ~ y ~ W lv ~ m OZ - - - - ti y - - 50033'04 3 .338. Z ~` S"t ~ H A ~ ~C $ ~~ t" ~z c d ~ V ~ ~_zoz9_ss' a sso.oo' d~~ ~ n Q J Z 50033'04'W 2689.66' Qdo~I ~nox~ ssn~o-I •I•t'~ N \ C ~ tTl (~ 1 Z~nZO m ,~ ITI c 1„ ^ ~ ~ -` ~l _. ~~ ~~ ~ ~~'pC ~~ - ~ _ ~$Y P~~'~'ssr c z ~ , ~ Z ~y TT ~~~ ~ ro ~ ~ o O ~ ~ a r 1 ~~s 0 ~ 2IO ENGtNEER/SURVEYOR PROJECT INFORMATION SCALE:1"=100' ~, ~~ ~,~ TH~Q~ ~p CROUP, INC. e n 11/27/06 ~~ ~- .s~p~~~ EXHiBlT B PROJECT N0.08018 .~~~~°a~. ~ °~ RE-ZONE Cnrr»nunfee[.un ;~~~ ~~~,~ , SEC.31,T.4N.,R.1E.,B.M. 14F1 NOTICE AND PUBLISHED SUMIVIARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07- ~Z~$ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being a portion of the Northeast One Quarter of the Northeast One Quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 8.95 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian 33 East Idaho Avenue, Meridian, Ida,^Lh~l0~bo~,;Tl~i's'bi-duaance shall become effective on the ~ day of ~1. VT ~ ~~~ ~' Mayor and City Council of the ty of Me~di ~~:y By: William G. Berg, Jr., City Clerk = ~ p ~~ `' First Reading: ~- ~-~, Adoptecl'a~e ~~ suspension of the Rule as allowed pursuant to Idaho Code 50-902: ~`''~,~, „ ~'~ NO Second Reading: P- Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- /Z~ 6 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the le al advisor of the City and has reviewed a copy of the attached Ordinance No. 07- ~~~~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of '~ 2007. 1. ~• William. L.M. Nary, City Attorney ORDINANCE SUMMARY - AZ-06-041 HARPE SUBDIVISION Page 1 of 1 0 January 5, 2006 AZ 06-037 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT Ronald Van Auker ITEM NO. 1$ REQUEST Ordinance -Request for Annexation and Zoning of 4.85 acres from R-1 to C-G zones for Cope Subdivision -east of Meridian Road and north of Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: See attached tBrdlnance CITY SEWER DEPT: CITY PARKS DEPT: ~ 1 ,f~ MERIDIAN SCHOOL DISTRICT: ~ ~ ~/ ADA COUNTY HIGHWAY DISTRICT: (/" SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OfFiCE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Mate~als presented at pubUc meetings shag become property of the City of Merid[an. ADA COUNTY RECORDER J. DA>~-. ,rAYARRO AMOUNT .00 BOISE IDAHO 01/12107 09:24 AM DEPUTY Bonnie Oberbillig Il l l' II'I'III'~ l'l l~ I II I I I lI l"I l I'll RECORDED-REQUEST OF 10~E~E~EaS~~ Meridian Clay CITY OF MERIDIAN ORDINANCE NO. ~~ " ~ 2~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-037 COPE SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (GOVERNMENT LOT 4) OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-1 (ADA COUNTY) TO C-G (GENERAL COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, A5 REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land a.s evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Van Auke~ PYOpe~ties. SECTION 2. That the above-described real property is hereby annexed and re- zoned from R-1 (Ada County) to C-G (General Commercial District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ-06-037 COPE SUBDIVISION Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~ h GL C(/L y , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this '~ day of ~~ ~ ~ tel. ~ , 2007. ANNEXATION OF AZ-06-037 COPE SUBDIVISION Page 2 of 3 ATTEST: WILLIAM G. BERG, STATE OF IDAHO, ) ss. County of Ada ) de WEERD M~,~'Q . ., 'Q, ~o_ i ~" 8` ~~ ~.. C a~l'`" q ~ r `~ . o ~f ¢J~ ~ i CITY G~.E ~ Aq , ~ °°oe ~~ ~ ~.:~.°a~ a g,~~ ~ „~ rB®` ~ ~ ~~~~ ,~~E~ ~ ~~ ®` i p On this q~ day of i . , 2007, before me, the undersigned, a Notary Public in and for said State, p sonally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~a[7i~ QQ~ NOTARY PUBLIC FOR IDAHO RESIDING AT: [ C'1 ICgL l t.~~l, 017 MY COMMISSION EXPIlZES: p'-11-10 ANNEXATION OF AZ-06-037 COPE SUBDIVISION Page 3 of 3 ~ ~~~~ ~~~ en®ineers & surveyors 120 N. Curtis Road Boise, Yd. 83706 (208) 376-8555 Fax (208) 429-9862 P.N, 22'74 JUNE 13, 2QOb ANNEXATION DESCRIPTION FOR COPE PROPERTY BOUNDARY A PARCEL OF LAND BEING A PORTION OF;THE SOUTHWEST QUAI~.TER OF TIE SOUI~WEST QUARTER (GpVERNMENT LOT 4) OF SECTION 18, TOWNSHIP 3 NORTH; RANG$1 EAST, BOISE MERIDIAN, ADA COIJATTY, IDAFIO, AND MORE PARTICULARY DESCRIBED AS FOLLOWS: COA~IlVIENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, THENCE NORTH 89° 43'32'' EAST ALONE"i THE SOUTH BOUNDARY OF SAID SECTION 18 FOR A DISTANCE OF 174.3a FEET, TO THE REAL POINT OF I;EGIlVNIlVG; TI~NCE NORTIi 89° 43' 32" FAST t~LONG SAID SOUTH BOUNDARY FOR A DISTANCE OF 457.98 FEET; THENCE NORTH 0°16'28" WEST FOR A DISTANCE OF 45.OCF FEET; THENCE NORTH 39°35' 14"EAST (FORMERLY SHOWI~T OF RECORD AS NORTH 39°33'22" EAST) FOR A DISTANCE OF 15.96 FEET; ~~ THENCE NORTH 0°45' 10" BAST (FORMERLY SHOWN OF RL~ORD AS NORTH 0°13' t~VEST) FOR ADISTAl*TCE OF 368.65 FEET; THENCE SOUTH 89°28'41" WEST (FORMERLY SHOWN O~ RECORD AS SOUTH 88°42' WEST) FOR A DISTANCE OF 569.41 FEET; T~IE~TCE SOUTH 52°04'56" EAST (FORMERLY SIiQWN OF RECORD AS SOUTH 5~°07' EAST) FOR A DISTANCE OF 29.41 FEET; T#IEI~TCE SOUTH 25°42'56" EASfi (FORMERLY SHOWN OF RECORD AS SOUTH 26°45' EAST) FOR A DISTANCE OF 60.00 FEET; TI~NCE SOUTH 9°02'04" EAST (FORMERLY SHOWN OF RECORD AS SOUTFI 10°04' EAST) FOR A DISTANCE OF 300.OZ FEET, TO THE NOR'T'H RIGHT` OF WAY LINE OF OVERLAND ROAD; C:\Projects\Cope Properly-Van Au~e~' (2214)1Docume~ts\COPE BOUNDARY ANNE~.doc-2 (, r" 'THENCE SOS UO°16'28" EAST FOR A DISTANCE OF 54.50 FEET TO TIDE REAL POINT QF BEGINNII~TG CONTAINING 4.85 ACRES OF LAluD, MARE OR LESS. PREPARED BY: TODD R. WATIE P.~.,.S. r tl~ ~p~ R B" ~ ~~~o,~g~E ~ ~n ~o~~ C:\Projet~s\Cop~ Property-V~n Auker (2274)\Doctiment~\COPL BOt1NDARY- ANNE~.doc 2 zm ~~ ~o ~~~ ~I ~~~ ~iy ~~~ ~~ ~ .~ V ~~~. Z ~~~ ~~o ~~~ o~~ ~ ~~~ z ~ ~~m m ~~c ~~ ~ m ~O P ~ ~ p0 Nz r~s c ~~ ~ ~ C ,°~ 2 ` x ~~ ~o ~ .~ m P P z R ~~ ~ ~ ~ ~~ 6 ~l ~ w m m - - - `~C~ I/ER/OiAN RLL (STA7ENWYBB) - - - - N . ~~ Im ~ I~ s ~ ~ ~~z~~z ~ • oe A° i ~.~_ _~ - I 3 ,BZ,91.OO S _~~ ! tl H N 3 1 ~~ N ~ ~ _ ~~. ~ r ~ M 'u ~+ ..... 1~1~ B ~ e~ ~~ HBO @gp q _R .^~ W n ~~ a~ ~~ N 00'~S'10' E 388.88' . . (a aa~r ey S COI/NTRY TERRACE PL n ~m '~~ ~~~ ~g I I ~~ 1- I I `1 L s ~'~ C-` u N O NOTICE AND PUBLISHED Si1MMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07- l2 ~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being a portion of the Southwest Quarter of the Southwest Quarter (Government Lot 4) of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 4.85 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the ~ day of +++ ' ~ ~ ~? .:: `~~ ~ ~~q , Mayor and City Council of th~City ~f ridia ~ ~ ~ F~° By: William G. Berg, Jr., City Clerl~ ~"°`~~~ - ~~ ~ ~ _ f-> . First Reading: j-~~®~ ~ie`°d ~~r~ b '`' ing by suspension of the Rule as allowed pursuant to Idaho Code'- -~~}C NO Second Reading: ~---- ~®'`~'hirdaRs~~~ing: - STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- /Z B 7 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- lZ ~ 7 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of ~~~. 2007. William. L.M. Nary, City Attorney ORDINANCE SUMMARY - AZ-06-037 COPE SUBDIVISION Page 1 of 1 L~ January 5, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Sea 2 Sea, LLC AZ 06-006 January 9, 2007 ITEM NO. 19 REQUEST Amendment to Ordinance No. 07-1242 A -- Request for Annexation and zoning of 10.01 acres from RUT to C-G zones for Knighthill Center Subdivision - soutwest comer of Linder Road and Chinden Boulevard AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Sae attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~i~ ~/ CITY SEWER DEPT: / ~ v CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US W EST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubec meetings shall become properly of the CI1y of Meridian. ADA COUNTY RECORDER J. DAVIL-..AVARRO AMOUNT .00 ; BOISE IDAHO 01/12/07 09:24 AM DEPUTY Bonnie Oberbillig II I I' II I'I'I ~I I I' I' I II I I I II' II I I I'II RECORDED-REQUEST OF Meridian City 107~0SS~ i CITY OF MERIDIAN ORDINANCE NO.O7-1242 A BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING THE LEGAL DESCRIPTION (AZ-06-006 KNIGHTHILL CENTER SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NORTHEAST I/ OF THE NORTHEAST % OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIlVIITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C-G (GENERAL COMMERCIAL DISTRICT) IN THE MERIDL~N CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDL~N, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Foothill Knights, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to C-G (General Commercial District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION AMENDMENT OF AZ-06-006 I~TIGHTHILL CENTER SUB Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~ ~ ~ ~ ° 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~` day of ~~t ~/GGt/i- 2007. ~~~ ~ MAYO de WEERD ANNEXATION AMENDMENT OF AZ-06-006 KNIGHTHILL CENTER SUB Page 2 of 3 s ,`~~esj0sottlss~tt,: , ATTEST• ~qm~~'"~~ ~g a`{~ a:-. a ;~; , WILLIAM G. BERG, JR., Y LERK z /~~ ~~ - .~ ~, d ~'`Y . ®R~/~®/,9~~1 DJ! P P P 1 110401 Rg'4~`~`t~@4~\\ STATE OF IDAHO, ) ss County of Ada ) On this ~ ~ day of J (JLf111 CL_~ of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 01 ~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: (~(~~~ ~~ t~ MY COMMISSION EXPIRES: !(g 1 I'1 I ANNEXATION AMENDMENT OF A~06-006 KNIGHTHILL CENTER SUB Page 3 of 3 TOOTAMAN-ORTON ENGINEERING COMPANY Project: 05143 Date: December 21, 2005 Revised: December 27, 2006 Page: 1 of 1 EXHIBIT "A" Land Description for CG Rezone A parcel of land located in the NE '/4 of the NE '/a of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Beginning at a found aluminum cap, marking the corner common to Sections 23, 24, 25 and 26, from which a found brass cap, marking the quarter corner common to said Sections 25 and 26, bears 5.00°54'56"W., 2657.54 feet; thence, along the section line common to said Sections 25 and 26 (centerline of N. Linder Road), 1) 5.00°54'56"W., 663.91 feet; thence, leaving said section line, 2) N.89°04'59"W., 725.02 feet; thence, 3} N.00°21' 13"E., 656.84 feet to the centerline of W. Chinden Boulevard; thence, along said centerline the following courses: 4) S.89°38'47"E., 650.61 feet to the beginning of a tangent curve; thence, 5) Southeasterly along said curve to the right, having a radius of 34,377.48 feet, an arc length of 80.89 feet, through a central angle of 00°08'05", and a chord bearing and distance of 5.89°34'44"E., 80.89 feet to the POINT OF BEGINNING. CONTAINING: 11.04 acres, more or less. SUBJECT TO: All Covenants, Rights, Rights-of--Way, Easements of Record and any Encumbrances. REV6 ~VAI. B~ ~~~ ~ ~ ~~ ~ER]D]AS DEP'P1C y(ORK H:\OS l43\WPfiles\DESCRiPTIONS\OS ]43-ExhAfiG Rezone.doc ~. o ~ g 0.' w (.~ W N N 4~cr++ ~n O Zw Z~ I v ~ £8 OtlN - ZMS'OdSI _J ~ ~ Z m W O Z a o O0 ~ fuaoN awe ~ cn °- n°i a uwi m ~~E ~~1s ~ ~ °- `~ ~ ~s ~ ~ a w J `p ~j O ~ vwi Xq N a °° I-- ~ ~ 2 ~k~ ' Cfl t~~b~ >v W ° m ~ z z U o J v- N o Z~ o a0po ~ ~ Z ~~] ~ ~ U ~ a y `v~ ~ ~ ,~~v EO-~ u~i ~ N 'V d ~, ra p~ ~J` i Z ~ m ~ oo W a ~' ~' ° I ~ i nom.' %~~'' d J E,E~~k. o.~ M W w° ~ me N 3 a°~ ~ z` `'~' g W oa I O Z^= '`I E w rn a 4, ~ .4S'LS9Z _.-_..___._.............___..._._ ~ ~~~ - - _ 16'£99 N1,.9S~ti5_OOS _. p- N4,9S,4S.OOS ~ ~V ~I~ lL'£Z9 MT3S,tiS~b~ - .£9'£68L .,.'`O '~ ~ U ~ 0~ ' Z O O ~, Q,Cti z ~ N .gym N ~~~ ~ a- o= ~ I I~ NwNQ ~ a ~~3 ~ ~iol o o z 0 0 o I +~ I'n •- ~o~~ ~~I ~ ~ ~ n ~ ~w~G~ ~ ice- ~ U ww UNO w ~I~ a ~ ~ ~ o ~ ! O V i~ M•i~ V o °o ~ z o o J Z ~ ~ to V ~ ^~ m M M o I ~ $ ~ 0. N ~ NI I I~ ~ Q ,+ ~ t~jj ~ ~ z ~ ~~~ = o ~ ~ ~ ' ~ v~o~o O O 6 \ (~~ ~ O W _ ,48'9L9 ~~N~ Z o a ..-._-._.__ -_. ZL 'ON NO1SW08f1S Slldd VSNOOI ~ F- e z Q M ~ ~ > W tt) a0 O LL ?~ 00 ~ ~ O U o0 ~ ~ m oD oD ~_ wl 0 ~ j~~ W ~ ~ ,O L'0 ~ °' ~ ® M rn7 ~ Z M rn Na,9S,4S.00S ~ ,J ° ~ ~ ~t ~ 8 ~ °o ¢ m O. ~ M M OO *.~ N ~ O ~° N w r U ~ .«+ ~ ~ ~ 00 C ~ Z ~ 00 O chi M " PAO ~ O m ~` ~ N ~ U U 8 ~ N o U `,, NOTICE AND PUBLISHED SUIVIlVIARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN AMENDED ORDINANCE N0.07- / 2 ~ 2 ,~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Amended Ordinance of the City of Meridian granting annexation and zoning for land located in the Northeast 1/a of the Northeast 1/a of Section 26, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 10.011 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance \~~all~b~¢ot~}~ effective on the ~ day of 2007. ~\ ~ ~- j ~/, Mayor and City Council the its of eridi ~, ~ _ By: William G. Berg, Jr., City Clef ~`"~~"~ _ ~~ ~~~,~ First Reading: ~ ~ r O 7 : "~'~- ~~~m~~ ~-~~ -°~ ~r _ Rule as allowed pursuant to Idaho C Second Reading: t--- by suspension of the NO~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- ~ 2 ~ ~ f~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- ! Z g y ~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this _~ day of ~G~a. ~. , 2007. LJ `. . ~ William. L.M. Nary, City A e AMENDED ORDINANCE SUNIlVIARY - AZ-06-006 K1~TIGHTHII,L CENTER SUB Page 1 of 1 January 5, 200b AZ 04-027 MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT Don Weber ITEM NO. 20 REQUEST Amendment to Ordinance No. 07-1121 A -Request for Annexation and Zoning of 4.5 acres from RUT to R-8 zones for Christian Family Matters, inc. -- east of South Linder Road and south of West Overland Rood AGENCY CITY CLERK: CITY ENGINEER: CITY PANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See aftached Ordinance OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shall become properly of fhe CHy of Meridian. • January 5, 2006 MERIDIAN CffY COUNCIL MEETING January 9, 2007 APPLICANT ITEM NO. Z~ REQUEST City Council Presic9ent -Assignment of Department Liaisons AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: _~, l~~'~ (~~v ~h ~< c°~~" v ,~~` 5~ ° ~~c Date: Phone: Staff Initials: Materials presented cot public mee~nps shall became properly of the City of Meridian. • January 5, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST January 9, 2007 ITEM NO. 2Z Executive Session per Idaho State Code 67-2345(1 j (f) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS ~k~ Contacted: Date: Phone: Emaiied: Staff Initials: Materials pr®sented at public meefln~s shaft become properly of The City of McAdian.